does falling and hitting her head count?Originally Posted by ShawnIn this country...he doesn't have to prove she consented. The prosecutor has to prove she didn't (ie witnesses, scratches, bruises, vaginal/rectal lacerations etc). It's the difference in living in a country where you are innocent until proven guilty rather than the opposite.Originally Posted by feltdizzWhile I don't think Ben forced himself on her...Originally Posted by ikestops85Does anyone here really think Ben didn't "do her"? C'mon, Ben is a red blooded american male and he had this young thing hanging on him the entire night. We know he doesn't have the greatest taste in women (see McNutty) so it's really not a stretch that he scored.
That doesn't have anything to do whether he is guilty of sexual assault but the DNA tests will just confirm what most of us have already concluded. Sex occurred ... the question is whether it was consentual or not. I don't know Ben but I have a hard time believing he would be stupid enough to force himself on someone. He might not be the brightest bulb in the box but he couldn't be that dim ... could he?
I have seen guys who change when they are drunk and the smell of goodie goodie is in the air.
Unless Ben has text messages or she slipped him a note it will be hard for him to prove she consented. Even if a person starts having sex if the girl says stop you have to stop.
She could be the town slut.. but with the past accusation this one makes it tough. That's why some are questioning his judgment. If she came to his house at 2 AM he is good or in a better place... but in a podunk bathroom?