NO TROLLS Former Geelong player suing club over gang rape

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Cleric said:
It actually is.
I'm not sure if you are aware or not, but court is an adveseral system.
For him to put forwad his case he will have to go into the witness stand. As such the defence will have the opportunity to cross examine him and one of the things they will is to try and bring his character and motivation into question.
If you think otherwise, you are fooling yourself .

Q. Why did you choose not to go to the police?
Q. Why did you choose not to lodge a complaint with the Geelong Football Club?
Q. I put it to you Mr X, that the reason you didn't do either of them is because it never happened.
Q. I put it to you that you are only bringing this up now as you wish to make money from the Geelong Football club and that's why you never reported this alleged assault to either the police or the Football club.

This is absolutely the line of questioning that will be put to him. This would be on the tame end of it. Lawyers can be brutal.
Click to expand...

And there’s fair & reasonable responses that any judge would accept, such as sexual abuse historically not being acted upon in reports.
 
Slartibartfast said:
The court has NO expectation assaults are reported. The figure is only a 16% of sexual assaults are reported to police. The courts are full aware of this because they know victims of sexual assaults dont feel capable of going to the police. This is heightened when the victim is young.
The vast majority dont make it to trial so any victim who fronts a civil case is highly likely not to have layed police charges.
Also, Sometimes victim's make a police statement with no intent of laying charges.

EDIT is around 16% only go to the police as per https://www.aihw.gov.au/getmedia/03...-d54c74fa601a/aihw-fdv-5.pdf.aspx?inline=true



Any contemporaneous info can be used. Discussion with a partner , doctor, councillor, families, friend, diaries. These are not always available yet cases are still found guilty purely of the basis that the evidence of the victim outweighed that of the defenders.






I see now you are changing your story from what a court expects to what a lawyer will do :rolleyes:

A lawyer may ask did you report this to police but it carries zero weight. He will not be able to dwell on this either. The courts know that in most instances this does not happen hence it has NO influence of outcome.
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ferball said:
The likelihood of a young indigenous man reporting anything to the police in the early 1980s are extremely low. Let alone that they'd been sexually assaulted by Geelong footballers to what I assume would be coppers in Geelong.
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These 2 comments should ultimately end the debate of “does it affect his case”.

In the world of law and precedent, the answer is a resounding no.
 
Cleric said:
There's no law that says you have to report a crime before you take someone to civil court, however this will form.part of the defence case and will be uses to sow doubt of the action happening.
Click to expand...
I hope you never sit on a jury.
 

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ferball said:
The likelihood of a young indigenous man reporting anything to the police in the early 1980s are extremely low. Let alone that they'd been sexually assaulted by Geelong footballers to what I assume would be coppers in Geelong.
Click to expand...
s**t if they had done so they'd have been lucky if they weren't dissappeared with a story of them "not being able to hack it and ****ed off home"
 
I can hear Newman now- “ I never saw or heard anything like this going on - and besides, its all over-reaction....there was a time when shoving a broom handle up the ar$e of a team mate was considered to be all in fun”

(Yes, I’m being sarcastic)
 
SuperMal said:
I can hear Newman now- “ I never saw or heard anything like this going on - and besides, its all over-reaction....there was a time when shoving a broom handle up the ar$e of a team mate was considered to be all in fun”

(Yes, I’m being sarcastic)
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To be fair Newman did go to Geelong Grammar.
 
HTPunter said:
1) it would stand 0 chance at trial unless 1 player admitted it

2) you don’t think footy clubs have cultures of “hazing” type activities that revolve around nudity & sex? I’m not saying they lined him up for anal penetration, but they still could have assaulted him .
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The allegation is rape.
 
Last edited by a moderator:
Ice-Wolf said:
s**t if they had done so they'd have been lucky if they weren't dissappeared with a story of them "not being able to hack it and ****ed off home"
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Yep. Coppers would kill blackfellas for fun back then. Even the Royal Commission didn't cover half (or 90% who knows) the deaths because it wasn't even aware of them.
 
pjcrows said:
Potentially it's to put the information out there, in the hope that other victims come forward and build a stronger case, and then name names.
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They won’t name the person who is the victim (never do to protect them) or defendants until they’re found guilty! We need to believe these people and allegations moving forward… until the Supreme Court’s decision is made public. Very sad.


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Cleric said:
It actually is.
I'm not sure if you are aware or not, but court is an adveseral system.
For him to put forwad his case he will have to go into the witness stand. As such the defence will have the opportunity to cross examine him and one of the things they will is to try and bring his character and motivation into question.
If you think otherwise, you are fooling yourself .

Q. Why did you choose not to go to the police?
Q. Why did you choose not to lodge a complaint with the Geelong Football Club?
Q. I put it to you Mr X, that the reason you didn't do either of them is because it never happened.
Q. I put it to you that you are only bringing this up now as you wish to make money from the Geelong Football club and that's why you never reported this alleged assault to either the police or the Football club.

This is absolutely the line of questioning that will be put to him. This would be on the tame end of it. Lawyers can be brutal.
Click to expand...

you didnt answer his question on precedent.
 
Cleric said:
It actually is.
I'm not sure if you are aware or not, but court is an adveseral system.
For him to put forwad his case he will have to go into the witness stand. As such the defence will have the opportunity to cross examine him and one of the things they will is to try and bring his character and motivation into question.
If you think otherwise, you are fooling yourself .

Q. Why did you choose not to go to the police?
Q. Why did you choose not to lodge a complaint with the Geelong Football Club?
Q. I put it to you Mr X, that the reason you didn't do either of them is because it never happened.
Q. I put it to you that you are only bringing this up now as you wish to make money from the Geelong Football club and that's why you never reported this alleged assault to either the police or the Football club.

This is absolutely the line of questioning that will be put to him. This would be on the tame end of it. Lawyers can be brutal.
Click to expand...


There is no mystery in what your motivation is.
When you take civil action you are asking a court for damages. Damages = $$$$$
 
Dan Moody said:
Soooo, did the first word that came to mind when this was released also happen to be Windows for anyone else?
Click to expand...
Yeah for sure. Anyone capable of anything disgusting as that alleged incident is capable of anything. Doesn’t matter that the alleged incident you’re referring to involved a woman, and not a man as in this alleged incident - rape is generally motivated by getting off on the power dynamic and other sick motives, not whether the perpetrator(s) find the victim attractive or not.
 
HTPunter said:
Rape is actually a broad category.

Using an object for “hazing” purposes would cover certain definitions of rape.
Click to expand...
Any foreign object forced into an oriface is rape, hazing or not. As for people in this thread are saying why didn’t he go at the time. What kind of reaction do you think a black teenager would’ve expected to get about making such a complaint about Geelong footballers to the Geelong police in the early 80s?
 
Cleric said:
So he hasn't even named who the alleged players were?
Makes it hard for him to prove the people who he says raped him were employed by the club, when he isn't saying who they were to validate his claim.
Click to expand...

He doesn't need to prove rape, he is trying to prove negligence.
 
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