The Belfast Rape cc. @GeorginaMakena

@GeorginaMakena dear, I will just quote the victim. See, that’s why I am doubtful that Kemunto will get any justice.

"Speaking confidently and precisely, she told the lead prosecuting counsel, Toby Hedworth QC, that on June 27th, 2016, she had finished her exams and was going out to celebrate. She had a glass of wine in a friend’s house before going to Ollie’s nightclub, a venue attached to the Merchant Hotel in Belfast’s fashionable Cathedral Quarter. There she met another group of friends and at one stage they found themselves in the club’s VIP area. It was a busy night; the Northern Ireland football team were in, fresh from the European Championships in France. Also there, although keeping a lower profile, were Jackson, Olding, McIlroy and Harrison. Jackson and Olding were celebrating, having just returned from a tour of South Africa with the Irish squad.

Outside the club the woman ran into a friend of a friend and they got chatting. It was suggested that an after-party was happening. She did not recall hearing whose party it was or where it would be.

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Ireland rugby player Stuart Olding outside court after he was found not guilty of rape. Photograph Pacemaker Press

The woman said she got into a taxi containing Jackson and three other women. According to her evidence, the taxi had been booked by someone else but Jackson told the driver “I’m Paddy Jackson” and the driver responded “get in” Jackson later said he would never do this.

The woman said after arriving she soon realised it wasn’t much of a party, just some people dancing and drinking. She said she did not “have a clear recollection” but at one point she went upstairs to Jackson’s bedroom.

There, at Jackson’s instigation, the two kissed consensually, she said. He then tried to undo her trousers but she told him she was not interested and the two returned downstairs.

She told counsel that shortly afterwards she decided to leave because she sensed “the attitude had shifted” at the party. She said McIlroy was taking photographs and putting some of the women on his knees. She went looking for her bag, finding it upstairs in Jackson’s bedroom.

Jackson followed, she said, and grabbed her trousers, pulling them down to her knees. She said she froze as Jackson pushed her down on the bed and with her tight trousers caught at her knees, she couldn’t move. “I was face down on the bed and he was having sex with me.”

Jackson knew she did not want it to happen “but he kept going”, she said.

Then the door opened and Olding walked in. “My heart just sank. I knew what was going to happen. I looked Patrick Jackson straight in the eyes and said ‘please no, not him as well’.”

By this stage, the woman was struggling to hold back tears in the witness box. She said the next thing she knew her trousers were off and Jackson was having sex with her from behind while Olding was forcing her to give him oral sex.

At this point the door opened and she heard a female voice. The jury would later hear this was Dara Florence, a key witness in the case.

The woman turned her head away because she feared, with all the photographs being taken downstairs, that she might be filmed. Jackson asked this other woman did she want to stay but Florence said no and shut the door. Jackson then tried to force his entire hand into the woman, she said, adding that by this stage she was bleeding heavily from her vagina.

Then McIlroy entered the room completely naked and holding his penis as if he were masturbating, she told counsel. “I thought this is not happening again,” she said.

She immediately got off the bed and grabbed her clothes. She put her trousers on and her underpants in her pocket. She said McIlroy said to her: “You f*ed the other guys, why won’t you fk me?”

She told McIlroy: “How many times does it take for a girl to say no for it to sink in?”

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Rory Harrison leaves Laganside court after he was found not guilty. Photo Pacemaker Press

She ran downstairs and Rory Harrison came out after her and asked was she okay, she said. Harrison would have seen blood on her trousers, she said.

He dropped her home in a taxi and soon after she got a message from him saying something like “keep my chin up”, she said.

The following morning she sent Harrison what turned out to be the most important text in the entire trial: “what happened last night was not consensual.”

She also texted her friends telling them she had been raped by “3 Ulster fucking rugby scum” but refused to go to the PSNI when they urged her.

“You just don’t think they are going to believe you. I really did not want to take things further because you are so embarrassed… I did not want people finding out,” she told counsel.

She arranged to get the morning-after pill because, she said, she did not know if a condom was used during the alleged assault. She also underwent a forensic medical examination.

She said she thought the assault had prompted an early period but that the doctor examining her told her she had an “internal tear” and that was why she was bleeding.

The following day she decided to go to police.

This is not Kenya. Kenya has so many extenuating circumstances to consider, for example the lady could be from a wealthy family or be related to Matiangi. The accused may be in a position to pay bribes to keep the case postponed. However its a very high stakes highly publicised case and could be new DPPs first case where he seeks to set a precedent that he is no nonsense and gets convictions unlike his predecessor Keriako who never got any case closed being as the man was in NIS the investigations wont be the shoddy police work we are used to, its purely being handled by the most competent detectives in this period everyone is trying to prove themselves and stand out and from the bond Kshs. 1 Million you know its being taken very seriously . I think the best thing these boys could have done was to settle out of court, now its out of their hands and could easily go either way because Kenya’s Justice System like its bourse is based on influence,affluence and power . If these boys have none of that, I dont see them making it out alive. I will ask a criminal lawyer friend of mine what their chances are being as Ive wagered money on the case I need expert opinion.

Now bring the other side of the story

You do that, I would love to know his opinion.

Typical. This is the usual flow when a girl realizes the big star she fucked is not interested in a long term relationship with her:

“We found ourselves at a party”, “We had some drinks”, “One thing led to another”, “I found myself in his bedroom”, “I did not resist because I was in shock”, “I was too ashamed to go the police immediately”, “I continued sending him romantic messages because I was afraid of him”

She found herself at a party…heheheeee

They didn’t deny it…every bit of it,from fisting her to putting their dicks in her mouth. They just said it was consensual.

And From all this statement… Am wondering why she lost the case, it would seem that the defense had a more convincing one.

You have proven my point to georgie…most men(and some females) think she got what she deserved. Proving her “innocence” will be an uphill task.
I mean,there’s no turning back from bad decisions in the last minute once you find yourself in a room with a man , is there? That’s how fucked up the world has become.

Oh and yes, when people,males or females drink , they find themselves in places, it’s the alcohol dude. My friends and I once found ourselves in Kimwa Grande Kisumu all the way from Eldoret, club hopping.

CROSS EXAMINATION.

Almost immediately, Kelly, speaking in a mild Lancashire accent, focused in on the themes he would elaborate on throughout the trial. He put it to the woman that she knew exactly who Jackson was and was interested in him from the beginning. He also grilled her on what he said were her inconsistent accounts of the night in question.

[COLOR=rgb(184, 49, 47)]Kelly implied the woman was not just after Jackson but that any celebrity would do. He played CCTV footage from Ollie’s nightclub which appeared to show her briefly touching the knee of footballer Kyle Lafferty and momentarily holding onto the arm of his teammate Will Grigg.

Regarding Jackson, she denied “watering down” the extent of her previous knowledge of rugby players. “I don’t follow Ulster rugby, I don’t follow Irish rugby either.”

She told Kelly: “We didn’t go into that VIP area to meet Ulster rugby players, if that’s what you are insinuating.”

Asked if she was attracted to celebrities at the time she said: “No. I didn’t know who these people were.”

Kelly also asked her why she didn’t tell her friends she had been orally raped by Olding when she texted them the next morning about the alleged rape. She said she did not feel the need to “explain every single demeaning thing that I had been through”.

Asked was it because her friends might not believe her, she replied: “Not at all.”

Why didn’t she mention oral rape to the medical examiner at the Rowan Clinic that evening, Kelly asked.

She said at that stage she [COLOR=rgb(184, 49, 47)]“did not think oral sex constituted as rape”. She agreed her account was “not as complete as it could be”, but repeated she had not left out details “on purpose”.

Kelly cross-examined the woman for three days during which he suggested she was “fixated” with Jackson that night. He put it to her she claimed she was raped because she was “petrified” her friends would see pictures or hear rumours of her having group sex with Jackson and Olding.

The woman, not visibly emotional any more, rejected all these suggestions. At one point Kelly asked for the clothing, including the underwear she was wearing that night, to be shown to the jury.

The blood-stained garment was passed to the woman, the judge and the jury for examination before Kelly put it to the woman she had been bleeding before the alleged attack.

“That is completely incorrect,” she said, adding a doctor who examined her confirmed she suffered an internal tear during the alleged rape.

Next up to cross-examine was Frank O’Donoghue QC for Stuart Olding. Cutting a slightly gruffer figure compared to Kelly, O’Donoghue specialises in commercial law and white-collar crime but also regularly acts in criminal trials (“He is very good at putting people at ease and is generally very nice,” according to Chambers UK).

He stuck to most of the same points as Kelly, and focused on what she told the doctor at the Rowan Clinic that Olding had vaginally raped her. O’Donoghue took the opportunity to remind the woman and the jury his client was not accused of vaginal rape but of a sole count of oral rape.

The complainant said it should not be under-estimated that when she underwent the medical examination she had not slept for 30 hours and that she was in an emotional state.

She said she had assumed she was vaginally raped by both men and at different stages of the assaults both men were behind her where she could not see them.

The jury heard later that his client was originally charged with vaginal rape until the Public Prosecution Service dropped the count shortly before Christmas 2017.‘’‘’

(BLAH BLAH BLAH… we continue. )

He questioned the woman on inconsistencies in her account of what McIlroy did. She had told the court he was naked when he entered the bedroom but told a doctor previously he came into the room and then lowered his trousers.

Explaining the inconsistency, the woman said she was still trying to process what had happened when she spoke to the doctor on the day of the rape. “You go into shutdown, it’s incredibly hard to state what happened until you’ve actually processed it.

Harvey asked, in suspicious tones, why the woman used the impersonal “you” in this statement. “You’ve said this before. It’s almost as if you’re repeating something you’ve read rather than your personal experience,” he suggested.

In doing this he was attempting to use the woman’s eloquence against her. Throughout her cross-examinations she confidently put the experience of a rape victim into words. “In that situation you don’t scream or shout because you are so scared,” she told Kelly at one stage. “You underestimate the state of shock you go into after being raped,” she told O’Donoghue.

She was speaking in soundbites, Harvey was implying; repeating lines she’d read in newspaper article or seen on a TV show like Law and Order.

For the first time the woman seemed angry: “I’m not going to argue with you over grammar. You’re not putting words in my mouth”.

Define Big Star??? In my book ,big ‘stars’ dont live in highrise area. Who said she sent romantic messages? Wacha kujijazia bcz you’re in solidarity with your boys coz these the kind of nasty shit yall get up to - how can another man ejaculate then you put your penis in there? Thats so disgusting and gay ,details will come out in due case. But these boys are so nasty and gay and unafrican. How do you do that? Grosss!

:eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek:

I dont !!! Speak for yourself. Ofcourse it wasnt the best judgement to go to their house. But being in someone’s home is not consent. First of all, she does not need to prove her innocence since she is not the accused. Her counsel just needs to prove the lack of the ability to give consent because of being inebriated. She could have been a commercial sex worker or a bar maid and theyd still get convicted - Ive told you theres a case where a man takes a barmaid to his house who was a commercial sex worker and he got 12 years, yes right here in Kenya. So you and his support group need to manage your expectations because DPP wouldnt have preferred charges with nothing to go on. I have enough faith in this woman’s account to wage money on it. Having drinks and partying with someone or even taking them home/going to their place is not an excuse to assault them sexually. I want this to set an example for all those men who take advantage of women because theyre drunk. Men know very well that having sex with a woman who is in and out of consciousness is WRONG and its taking advantage but bcz of the mananazis they want to normalise it like its very ok. IT IS NOT!

OK I just got the read transcript of the case and I think the guy gave a more convincing state of event that night… Which in most courts that’s what counts :

“We had the whole day sitting by the pool having a few drinks before we flew home. I would have been a bit drunk but it was more sitting in the sun and relaxing.”
They flew home to Dublin that night.
Jackson said that, when he arrived back in Belfast, he dropped his bags at home and then went to Cutters Wharf bar to watch the football and have a few drinks.
“It was very casual. Really just watching the football and chatting. We then went to Ollies (nightclub)”.
He told the court that from time to time he would be approached by people he did not know.
“It happened quite a lot. I just took the time if they want to talk to me, be polite. If they want a picture or have a chat I try to do that,” he said.
Jackson told the court that after the nightclub he went home with his friends and three girls, who he did not know.
“The guys would always go back to my house after a night out. I didn’t know the girls in the cab.”
He said in his house music was playing.
“It was very relaxed,” he said.
Jackson told the court he remembered smiling at the alleged victim.
"She was looking at me. I didn’t think it was strange at the time.
“We were flirting with each other. If I went to the kitchen she followed me. It seemed normal. It was very much flirting between both of us.”
He said he got the impression that she liked him.
“It was nice. I liked her back. I went upstairs. I remember part of me thinking she might follow me upstairs. She did”.

Jackson said the pair kissed “passionately” on the edge of the bed until the alleged victim pulled away and asked if he knew her name.
“I didn’t know her name. It was a bit embarrassing at the time. I got up and went downstairs. I wanted to be back in the party.”
Jackson said back upstairs he and the female began to kiss.
“It was quite passionate. We were both kissing each other. It got a bit more passionate. When I was lying on the bed (she) was on top of me. She started to bite my lower lip. It was playful but pretty hard.”
Jackson claimed the woman then performed oral sex on him. Olding then walked in he said.
“It was a bit embarrassing. I kind of smiled at him and waved at him. It was a bit stupid, kind of 'hi, look what’s happening,” he said.
Jackson said that Olding then came over.
“There was an interaction between them. Her attention went from me to Stuart. She performed oral sex on Stuart,” he said.
Jackson said that as the woman performed a sexual act on Olding he pulled her trousers down to her thighs.
“I then started to touch her with my hands,” he said.
He told the court that there was no penile intercourse because he could not find a condom.
She asked for a condom. I looked in the bedside wardrobe and couldn’t find one … I continued to touch her with my hands,” he said.
After Olding left the room Jackson said he and the woman lay in bed together.
“We lay in bed together. I presumed she would be staying the night. I was drunk, tired and I was so happy to be in my own bed. I think I may have fallen asleep,” he said.
Jackson said he then saw the female getting dressed.
"It was getting light. She was at the bottom of the bed. I saw her getting dressed. I got up and pulled on some sweats. We said something to each other. I can’t remember what.
“I assume I said ‘Are you leaving?’”
When asked if he had known the alleged victim was upset leaving his house he said: "If I had seen she was upset I would have gone and checked on her. I didn’t see her upset.
"The last thing I want is a girl crying leaving my house. I would have freaked out. The last thing I ever want is anyone leaving my house upset.
“I went to bed and had no idea she was upset.”

Sometimes u just pity women. Anyway it looks like a scene outta drama or action movie

Yes, and you know what my dear?The world has become an us vs. them , dog eat bitch or vice versa world. Look at most posts in ktalk anyway. We have become a society which cannot draw a line between wrong and extremely wrong , both male and females. I enjoyed my 20’s… but this bull shit going on right now is appalling and there’s no way we can reverse time and start all over again. My gal hit puberty just the other day and I gotta say, talkers have made it much easier for me to give her the talk in the crudest way possible because by the time she hits twenty God knows what will be going on in this universe …it will probably be worse than #ifikiewazazi.

na hii story hapa

https://us-east-1.tchyn.io/snopes-production/uploads/2018/02/brian-banks-accusation-meme.jpg

https://www.snopes.com/fact-check/was-banks-wrongfully-convicted-rape/

This was just sad… rape cases are just becoming more complicated.

Very reliable witness this one.

But instead of going to hospital decided to go home and sleep it off

[QUOTE="pseudonym, post: 1er[/QUOTE]

We should teach girls to avoid making bad decisions. They still will make bad decisions but, well, such is life.
and it is not rocket science we are dealing with here.

  1. DO NOT MAKE (EASY TO AVOID) BAD DECISIONS.

( Quick example: If you drink, DO NOT drive) …Well, if you do…good luck
In case good luck does not accompany you this time round…THEN

  1. ACCEPT THE GRAVE CONSEQUENCES OF YOUR BAD DECISIONS BILA KUBLAME KILA MTU> JIELEWE UJINGA WAKO NA UBEBE MAJERAHA YAKO KWA HEKIMA and do your best to mitigate those consequences!

(Quick example: Bad car accident, maiming (missing finger here, missing eye there, missing leg over there…, or death and not to mention loss of property)

Kemunto?

I think any young woman whose systems are in order looking at Wanyama probably (secretly) wants a screw the mofo…

So she allows (even creates) proximity, drinks like a fish, gets fucked. She even gets pregnant while she is at it because P2 does not exist in her corner of the world.

Mbusit.

According to the law, alcohol voids consent and further the victim claims she was drugged. The charge sticks or drops based on the merits and demerits of the law and their various interpretations not on popular culture, like if you go out drinking with your boys and they gang rape you, you should understand -we are not gay, its not our fault, you wanted it ,we wanted it, its no biggie- its the alcohol duuudddeee. I know a man who was gangraped by other men while on a night on the town, ofcourse he never reported , the stigma is worse for men. The guy has become a junkie. This shit happens to alot of people and its not funny. Just thank God that you never landed on the wrong hands during your drinking sprees. Do not defend this shit when youve got daughters.

Ok. Heres what the law says:

Where a woman yields through fear of death or through duress, it is rape and it is no excuse that she consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that she consented after the fact. what this means kwa wale munaelewe Kiingereza is
i) consent can be withdrawn at any point and time -there is nothing like reaching a point of no return
ii) consent can not be given post coitus - its given before and during the act only

The courts in Kenya have distinguished between true consent and mere submission.18

Indeed lack of consent is so vital that even if there was an apparent consent obtained by force, personation etc, a charge of rape would still stand against the suspect.

In considering consent or lack thereof the court must considered the issue of consent in regard to

i)how the complainant went to the house of the accused,

ii) the amount of time she spent there before “escaping” and

iii) the circumstances in which the offence was allegedly committed

Withdrawal of Consent

The complainant may withdraw consent which had initially been given at the start of the sexual activity in question.
In Paul Nganga Kamau v. Republic22 the appellant was convicted of rape and sentenced to 12 years’ imprisonment.

The complainant testified that on the day of the incident, she met the appellant at a bar and agreed to spend the night with him for a sum of money.The appellant took her to a house and he and two colleagues raped the complainant for the whole night in turns.
The complainant testified that she had withdrawn her consent at the time she had intercourse with the appellant.
The court held that if it is proven that the complainant withdrew consent at any time before the sexual act, even if the complainant had initially consented, then the appellant is guilty of rape.

The courts have become less rigid and have accepted that corroboration is no longer a mandatory requirement but that the prosecution may rely on medical evidence or circumstantial evidence to prove its case.

Consent is defined in Black’s Law Dictionary as the agreement, approval, or permission as to some act or purpose especially given voluntarily by a competent person. Express consent is defined as consent that is clearly and unmistakably stated. Implied consent is consent inferred from one’s conduct rather than one’s direct expression, while informed consent is a person’s agreement to allow something to happen, made with full knowledge of the risks involved and the alternatives.

This is for those who like sleeping with drunk women or women who are having blackouts, if they get a really good lawyer, fact that you had sex whether theres signs of forced entry like bruises and tears isnt necessary, the lack of competence is enough to prove culpability of the rapist. Dont delude yourselves and the jail terms are very long so endelea kubahatisha, that the woman wont report and her lawyer wont think of this clause to prove their case. And by the way the scope of consent lies solely on the judge’s perceptions and interpretation, so the burden of proof of the consent lies with the accused and if the judge believes that a drunk person is not competent, theres nothing else (s)he needs to rubbish accused claims of consent.

Kindly note that a drunk person, a person who is in and out of consciousness is not considered a COMPETENT person. Proof of high Blood alcohol Levels can prove lack of competence to give informed consent.

The proof that sex occurred is there because of pregnancy the only contested issue is that of consent. If the judge is conservative the fact that there were two men during the act could lend to the judge’s bias that this is outside the norm and has a greater likelihood of lack of consent as compared to if it was a one man vs one woman or even two women vs one man. Judicial attitudes and assumptions then came into play.

Section 42 emphasizes the importance of free‐will and the mental ability to make a decision as to whether or not to take part in the sexual activity at the time in question, in the absence of coercion or deceit.

any of the circumstances specified in subsection (2) existed and that the accused person knew that those circumstances existed, then the complainant is to be taken not to have consented to the act

The circumstances specified in subsection (2) are that:

a) Any person used or threatened violence against the complainant at the time of the act or immediately before the first sexual activity began;

b) Any person caused the complainant to fear at the time of the act or immediately before the first sexual act, that violence was being used or would be used immediately against another person; ( 2 strong muscular rugby players is IMVHO to some judges especially female judges something a woman would fear)

c) The complainant was, and the defendant was not, unlawfully detained at the time;( if the complainant is at your house or anywhere that’s not her house this can be more likely construed to be an unlawful detention )

d) The complainant was asleep or otherwise unconscious at the time;

e) The complainant was unable to communicate consent to the defendant because of a disability.8

f) Any person administered or caused the complainant to take a substance, without the complainant’s consent, which was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.9