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Bagrat Kudzievi

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  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    i doubt she wanted to be carried away and sexually assaulted either. she was certainly in no state to consent if she had to be carried.



  • Registered Users Posts: 16,580 ✭✭✭✭Galwayguy35


    If it was just the bit where they were on the street it could be said its just two drunk people having a shag but he carried her off to a quiet spot which to me suggests he know what he was doing and she was unconscious.

    Well done to the bouncers who were concerned that she might come to harm and followed him.



  • Moderators, Category Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 23,640 CMod ✭✭✭✭Ten of Swords


    @Jequ0n do not post in this thread again


    By your own admission you do not have all the facts of the court case (looking for evidence etc) yet you have created a victim blaming narrative and stuck resolutely to it despite it not matching up with the outcome of the court case. At this stage your posts are trolling and soapboxing.

    Post edited by Ten of Swords on


  • Registered Users Posts: 15,270 ✭✭✭✭Fr Tod Umptious


    Why are people harping on about the reporting of the case ?

    Why are people second guessing what was presented in court, as if there is more to it that there is, or that there is some cover up or something.

    He likely had free legal aid, and I doubt they really had much to defend him with seeing as he carried her to a secluded location and it was the bouncers who intervened after realizing what was going on.



  • Registered Users Posts: 464 ✭✭The Quintessence Model


    There were CCTV footage and numerous witnesses, including two bouncers who followed the lad to a park I think, who obviously thought something untoward was going to happen. So easily defensible it was not.



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  • Registered Users Posts: 464 ✭✭The Quintessence Model


    That's not what is being said. As you asked me yesterday:


    'do you find comprehension difficult?'



  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    And what if they get a taxi and the taxi driver assaults them.

    Or ask a trusted male friend to walk them home and he assuakts them.

    All the woman's fault according to posters on here.



  • Posts: 0 [Deleted User]




  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    But that is what is insinuated all the way through this thread. If the taxi driver assaulted her I'm sure some poster would be on here saying

    'she was drunk and got into a taxi alone, want did she expect, putting herself in that situation '



  • Registered Users Posts: 23,926 ✭✭✭✭One eyed Jack



    It’s been suggested numerous times by different posters that a person who has been the victim of sexual assault bears some responsibility for being sexually assaulted by the person who chose to commit sexual assault.

    In this particular case, the argument is around the idea that because she chose to get drunk, she bears some responsibility for being sexually assaulted.

    Thankfully for everyone in society, Irish law doesn’t work like that, it places responsibility for their actions on the person who commits an offence, and should it be decided following an investigation that there is sufficient evidence to pursue a prosecution, then it’s the DPP who decides that, and if it goes to trial because the person accused is claiming they didn’t commit an offence, then it goes to trial where a jury will determine upon hearing all the evidence, whether the accused is guilty of having committed the offence which they are accused of.

    You’ll notice that nowhere in that chain of events is the victim held responsible for the actions of the person who is convicted of committing sexual assault. Yet some posters here will still try and argue the point that the victim bears some responsibility, somehow, for being sexually assaulted by the person who chose to commit sexual assault, and the justice system is at fault too, somehow!

    Aye, seems perfectly reasonable 🙄



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  • Registered Users Posts: 332 ✭✭MarkEadie


    I don't think that is what is insinuated at all.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    A few years ago I was in Finland and the ex was telling me of a case very similar to this, a drunk female was accosted, outside, by a non national male. As she was extremely drunk, he took advantage and began to rape her, in the park. A few Finnish people saw this and, because Finns understand that you cannot have sex with people who are too drunk to consent, they held onto the man until police came. He was convicted in court of rape.

    At the time, I was very impressed, I even said to the ex that it would never happen in Ireland. But, here we are!

    did anyone listen to the victim being interviewed? She said the most important thing, to her, was that people believed her. Imagine, that's how women feel in this country when they have been raped or sexually assaulted. That their biggest fear is they will not be believed. That's a sad reflection on our society. Hopefully this verdict is the start of a change.



  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    Explain the difference.

    How do you decide when a woman bears responsibility and when she doesn't?

    For example, women are often encouraged to take a picture of a taxi they are taking and send it to a friend.

    So if they get in a taxi alone and are assaulted then by the standards of some posters in here they put themselves in a situation where there was a possibility of being assaulted.

    Why does being drunk make you partially responsible for your own sexual assault but getting a taxi doesn't?



  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    judging by some of the responses here that fear is not unfounded.



  • Posts: 0 [Deleted User]


    i have no time for anyone saying that she bears responsibility for the actions of another, if its assault.

    What i cant fathom is the have-it-both-ways where two drunk people are copping off and the gender of each decides that one was assaulting the other.

    One drunk person holds culpability for the pair of them in it? Nonsense.

    Thats why these cases are extremely difficult to bring to trial and prosecute successfully

    I see some names here from the Belfast trial, oh boy its nice to see how they have changed their minds about the reliability of the trial procedure between then and now


    Almost as if any verdict that nails a man must be good, almost



  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    Eh I think if Paddy Jackson had had to carry that girl to the bedroom the verdict would have been guilty...



  • Registered Users Posts: 332 ✭✭MarkEadie


    That's a good question.

    There is a difference of opinion between posters as to how much responsibility someone has to take for putting themselves in a risky situation and ending upon the wrong side of something bad happening.

    It has to come down to how much risk you're exposing yourself to. We have to say that there is a continuum. In this example there are cases of people being assaulted in taxis and there will be more. It's prudent for girls to send a pic to their friends as you say but ultimately you can say that they took a risk getting in the taxi but we all take that risk and the assault only happens to a very small percentage of people.

    However at the other end of the continuum you have something like if you drive your car to the local shops in somewhere like Darndale in Coolock and you leave the keys in it while you go to the shop while some youths are hanging around. If you come out and find that the car gets robbed then at some level you have to look at the owner of the car and say that you took a big risk there and it was likely you'd end up robbed. We have people here who would say that the owner of the car did nothing wrong. If he bought another car and went to another area and did the same thing you'd also have the same people saying it wasn't his fault. Somewhere along the line you have to attribute some blame to the person who is putting themselves in a situation where there is a lot of risk.

    Now when you take an example of a girl getting legless drunk in an environment where there are a very large number of men around, how likely is it that one or more of those men are looking to predate on a woman in that state and will home in on her? It's pretty likely isn't it? If you have about 200+ men in an environment. We can say that there shouldn't be men around looking to take advantage of women in that state and that is true but these men are out there. So do you continue to get legless drunk and taken advantage of and then blame the men week in week out? How many times would it have to happen to someone before you say to them perhaps you shouldn't get so legless drunk in that environment?

    These are tough questions I think



  • Registered Users Posts: 15,270 ✭✭✭✭Fr Tod Umptious


    The thing is that I'd imagine there are lots of occasions every year where "two drunk people are copping of" and one or other makes a complaint that never sees the light of day because it just doesn't pass whatever test is required to take it any further.

    But that is not the situation in this case.

    This case passed the test required to bring a prosecution.



  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    How do you decide the risk level?

    For instance, I know many girls who have gotten legless drunk and haven't been assaulted.

    I assume if you've socialised a bit you also have seen many a girl get extremely drunk. Were most of them assaulted?

    So really it's not likely you will be assaulted if you get legless drunk.

    So if someone argues that a girl assaulted in a taxi, or by a trusted male friend is partially responsible for her assault, what do you say to them?

    Do you agree that since she took some level of risk she is partially responsible for her assault?



  • Registered Users Posts: 23,926 ✭✭✭✭One eyed Jack



    It’s not their gender that decides anything? It’s the fact that a person makes a complaint to the authorities, and the authorities carry out an investigation into the complaint, and it goes from there. It’s not anything like one person holds culpability for the pair of them, it’s that the person holds culpability for their own actions - whether they were reckless and so on.

    Both parties could make a complaint to the authorities, and it would still initiate an investigation into their complaint. The gender of the complainant or the idea that one of the participants has culpability for both of them has nothing to do with the difficulty in bringing a case against the accused to trial or whether a prosecution is successful or not.

    It’s worth noting that similar accusations of systematic bias which were levelled against the CPS in the UK, turned out to be without foundation -





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  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    That's not in anyway what happens.

    we are talking here about a drunk female and male, but let's presume it's two men. The situation is the same. If one guy is too drunk to give consent and the other one either, 1.knows he doesn't give consent or 2. Is reckless (doesn't care) whether he gives consent or not, then he commits an offence by having sex or whatever with the drunk guy.

    people going on and on about two people being drunk are completely missing the point. The act is committed by a person who knows consent is not there, or doesn't care whether it is there or not. It is quite clear that the mens rea is in the offenders mind.

    If two parties are drunk and engage in sex or whatever, there is no intent to commit a crime.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    It seems to me that posters are judging females by some sort of old fashioned morals.

    If a girl is drunk and assaulted, she has to take responsibility for what happened to her.

    If that same man assaults a sober girl, it's all on him.

    It's a judgement on girls drinking too much. Probably very unladylike 🙄



  • Posts: 0 [Deleted User]


    Not at all.

    Girls are far more likely to be sexually assaulted by men, that's why. It's not some 50:50 split between men and women. Women are overwhelmingly more likely to experience sexual assault compared to men.

    That's why the suggestion here is that extra precautions are warranted.

    Nothing to do with "old fashioned morals", but everything to do with common sense.



  • Posts: 0 [Deleted User]


    Its actually not that


    Its if two people are too drunk to consent, which would seem to be clearly the case here yet the entire process has a very set take on an offence occurring based on gender

    Im staying well wide of any argument judging her for drinking or any of that lark. Im sure it was very distressing for her to come to her senses in the situation

    But where two people are too drunk to consent i cant see a clear path for a conviction one against the other, its as simple as that for me



  • Registered Users Posts: 659 ✭✭✭Fr D Maugire


    Surely you mean drunk beyond a certain point, in this case the convicted was also drunk(according to the report) so clearly there has to be some degree of deciding if a person was still lucid enough to make responsible decisions such as ascertaining consent.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    What? Have you been read anything?

    That is not the case here. There is no suggestion that it is.

    The jury, unanimously convicted him. Based on the evidence.

    Where two people are drunk, there is no intent. There is no offence.



  • Registered Users Posts: 464 ✭✭The Quintessence Model


    A total mis-characterisation of what's being said, but then again, yiu know it is. You've a habit of engaging in such mis-characterisations.



  • Registered Users Posts: 659 ✭✭✭Fr D Maugire


    I am a little confused here, you keep saying when both parties are drunk, there is no intent, yet in the article linked, it says the convicted was drunk, so much so that the Gardai did not question him until the following day. That is why I asked about there being a line on level of drunkenness that applies to such cases.



  • Registered Users Posts: 332 ✭✭MarkEadie


    gMost ir

    The risk of getting assaulted while legless drunk in a nightclub with 200+ guys is way higher than the risk of getting assaulted in a taxi. Agreed?

    I wouldn't say a girl (or guy) is responsible for being attacked by a close friend or a taxi driver. Those are just situations where attacks are quite rare.

    Just imagine it was your sister or child if you have one. Would you want her to be blackout drunk in a busy club? Multiple times? How many sexual assaults would it take for you to suggest that she doesn't get legless drunk in that environment? 5? 20? There is an issue with spiking in clubs and in any given club there are going to unfortunately be some predatory men there looking for women to take advantage of. Do you think that's not the case?

    To your last question, my opinion on this particular case is largely based on the information about the guy lifting her away and carrying her to a new location which was more secluded. That just suggests that he was more alert than her and was taking advantage of her. However, we have heard absolutely nothing from his side about the situation. But based on the available information, I would tend to agree with the jury verdict and it's an unfortunate situation for the girl and I really do symphatize with her. I think any girl getting blackout drunk in that environment without good friends to look after her is definitely taking a big risk. You do realize that it is not a good idea for a girl to get hammered to the point where she can't walk and has no friends to look after her? What would you say to your child? Would you be ok with her going out and getting blackout drunk to the point where she doesn't know where she is, in crowded clubs every week?



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  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    If one person can carry the other person to a quieter location then why do you think they can't consent.

    If the other person has to be carried to another location why would you they can consent.

    This was not an "equally drunk" situation.



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