Scandal Hawthorn player questioned over sexual offence allegation

[Peter Bosustow]

To prove defamation, it would ned to be shown that a 'reasonable person' would read what was said (on a BF site) and take it as gospel. FFS its a scandals and RUMOURS thread....

I think you need to brush up on the Defamation Act and the recent cases involving Google and Facebook.

 

[LunchboxLegend]

I think you need to brush up on the Defamation Act and the recent cases involving Google and Facebook.

Yeah nah.

 

[landie1]

Allegedly the woman was worried her boyfriend would find out she's a whore, so she cried rape

As a woman, I find this imputation to be an offensive slur......couched with the word "allegedly" doesn't make it any more acceptable. What if her drink was spiked like my niece's was? Let's not pass judgement.


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[Mitchell Madness]

Hope this doesn't turn out to be like the Milne case, where a verdict is given but the masses still Bay for blood

 

[hk89]

I know I did. I want to draw as much attention to this issue as possible. You need to understand when I say I exposed a certain politician as a rapist last year I am being deadly serious. I've been monitored by the AFP for over a year after forcing that politician to expose himself and so I'm not particularly worried about being sued for defamation.

Monitored by the AFP? How do you know? They mustn't be doing a very good job on their surveillance.

 

[Tas]

Majak Daw has been charged. No pressure on North to drop him just yet, not yet been boo'd. Most people have a gist of the law.

From what I have heard, there was a lot of pressure from the AFL to suspend him until the outcome, our club said said no. We said he would play if he was available and required, AFL removed him from all promotional commitments though.

This article has some classic comments and attitude: http://www.heraldsun.com.au/news/la...-daw-sex-charges/story-fni0fee2-1226973364328

‘Until your name is cleared you shouldn’t be in a position of influence and I think those boys (footballers) are in a position of influence,” she said.

He is innocent until proven guilty. An allegation or charge doesn't mean guilt in our system of justice.

Victim support groups said football authorities should stand Daw down or he should voluntarily step aside.

What if he is the victim, of a false allegation?

This listen and believe mantra would have more merit if high profile rape cases didn't most frequently go against the accuser. When there is an allegation it is just that, an allegation until the evidence can be judged by court.

Even if he is found innocent it will harm his ability to market himself. For many people, a not guilty verdict is little more than not enough evidence to convict verdict, even in cases where the "victim" had admitted to fabricating the charges.

I do not condone victim blaming, I hope Daw is not guilty, but I hope he didn't do it more than I hope he is found not guilty. If he did a crime then he should pay for that crime. I'm not going to insult the person who has accused Daw, for all I know he may be guilty, I hope he is not though.

In Daw's case, this was investigated 7 years ago by the police and no charge was laid, some of the evidence between the accuser and a witness was contradictory and it has since been changed to not be contradictory and is the basis for his charge. I am by no means an attorney, but being found guilty beyond all possible doubt is likely going to be some kind of mountain to climb against an expensive law firm, this is largely why high profile cases fail. Cases are won or lost on jury selection, the big law firms ensure an impartial jury is selection, a cheap lawyer or god forbid a lawyer appointed by the state does not have the resources to achieve the same thing. I'd rather defend myself than put my life in the hands of someone overworked and under-resourced.

You would think men would be smarter in this day and age, let alone footballers, about the hazards of picking up someone for a one night stand. The law takes a dim view on consent when a person is not able to give consent, however, the difficult part is that its hard to establish in a court. If a victim says they were raped and the accused says they gave consent and there is no evidence to suggest force and there are no witnesses then it is impossible to win the case against good/expensive experienced lawyers.

I would have sympathy towards these players if they were falsely accused, however, I do not feel sympathy for men in general who sleep around with strangers they pick up at bars or nightclubs, not in this time and age.

You have to be smarter than that. Women are told to protect themselves from potential predators and that prevention is better than justice, the same applies for guys. A woman can lie and destroy your life, why put yourself in that kind of risk by sleeping someone you just met at a nightclub? How many lives have to be ruined before you stop thinking with your dick? You meet a great person going out? Awesome, exchange numbers, get to know them, make sure she isn't drunk or on drugs if you take it further.

Especially as a footballer, you can have a head like a slapped arse and still have no problems finding women.

 

[teddies]

Because my Dad was corresponding with them since he was concerned they would be monitoring me and he told me they were and an officer outside the House of Representatives told me directly as well. He told me I was "hard to keep track of". He also refused me entry to Question Time and when I asked whether it was a lifetime ban or until a "certain politician" was gone he replied the latter.

They also rang my Mom up on Saturday since they were concerned about an alias I was using to brag about being about to threaten this politician's wife with impunity.

you sound like a huge badass man

 

[HairyO]

As a woman, I find this imputation to be an offensive slur......couched with the word "allegedly" doesn't make it any more acceptable. What if her drink was spiked like my niece's was? Let's not pass judgement.

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As a human being I find sticking the word "alleged" in front of rapist to be a potentially horrendous slur because people tend to ignore the alleged bit even after found not guilty.

 

[Wil79]

you might want a few more than 9 followers

Ahahahahahahaha. Touché!

 

[Unfazed]

As a human being I find sticking the word "alleged" in front of rapist to be a potentially horrendous slur because people tend to ignore the alleged bit even after found not guilty.

The same could be said, in reverse, for "alleged" victim. People see the alleged and not the "victim".

 

[Donners]

In Daw's case, this was investigated 7 years ago by the police and no charge was laid, some of the evidence between the accuser and a witness was contradictory and it has since been changed to not be contradictory and is the basis for his charge.

Perhaps I am misreading that, but if you are suggesting that a change in evidence is the reason charges weren't pursued back then and aren't now, that is most certainly not the case.

I am by no means an attorney, but being found guilty beyond all possible doubt is likely going to be some kind of mountain to climb against an expensive law firm, this is largely why high profile cases fail. Cases are won or lost on jury selection, the big law firms ensure an impartial jury is selection, a cheap lawyer or god forbid a lawyer appointed by the state does not have the resources to achieve the same thing. I'd rather defend myself than put my life in the hands of someone overworked and under-resourced.

Not sure which jury system you are thinking of, but it is not the Australian one.

I would love to know how you think a better-resourced law firm is able to "ensure an impartial jury is selection", or the situations where "a lawyer appointed by the state" assists in jury selection, because neither fit with the system I've worked in for a decade.

 

[HairyO]

The same could be said, in reverse, for "alleged" victim. People see the alleged and not the "victim".

You think the stigma is the same?

 

[Back One Out]

Interestingly, that information (and more) was offered up here by Mahelpi yesterday or so and he had his comments deleted by a mod as "nobody knows anything about the case". I think that little tidbit validates the posts that were deleted. Whether any of this should be reported at this stage is another matter. Nice that the media is noting the girl had a boyfriend - allowing others to judge that she's a "****" who willingly cheated by jumping into a car with another man.

On a side-note, anybody who posts about why a woman would get into a car with a guy late at night - have you never been out late and wanted to keep the party going? Women are allowed to enjoy men's company and want to keep enjoying it late into the night without the expectation of sex. I noted that someone upthread posted about how women should be more careful, along the lines of Spider's famed "You're not there for Milo" comment and I just find it odd that people think a woman wanting to continue drinking/hanging out with a friend automatically means she "wants it" or should know what's "expected" of her.

Sounds great in theory, Bigfarter and I agree that people should be able to party on without others hitting on them if they're not up for that, but we live in a world and it's unreasonable to assume everyone sees things the way you do, or to deny basic human nature.

Let me put it this way: how would you feel if you were at your local pub on a Friday night and it was getting late. You were thinking of walking home, but your pissed girlfriend or wife decided she wanted to "keep the night going" and jumped in a car with a couple of lads you'd only met that night and had been drinking with. Would you wave to her and give her your blessings? "Have fun, darling, but don't do anything I wouldn't do, haha!!"

Equal opportunity, huh?

 

[Wil79]

The same could be said, in reverse, for "alleged" victim. People see the alleged and not the "victim".

Yep, that's logic for you.

Basically what that means is that it's not really possible to have an informed opinion until you know the facts.

That is why this thread is pointless.

 

[Unfazed]

You think the stigma is the same?

Yes because the insinuation is she's deliberately out to destroy an innocent person's life and that she's a ****. Whichever one is innocent is labelled for life.

 

[JackOutback]

This kind of attitude makes me sick, just because a woman wants and enjoys sex does not make her a ****!

Whoosh.

What's that over your head?

 

[Dalphonso]

Someone wrote of the taxi camera.My mate has a taxi and he says the memory of the camera he believes only lasts around 10-14 days before it is wiped .

 

[Bumpswithagrin]

Whoosh.

What's that over your head?

Nothing went over my head.

 

[Back One Out]

One other thing about the supposed "victim shaming"… Does anyone know her name? Has it been revealed on Twitter or Facebook?

Can someone please PM her details so I can pass it onto everyone else I know and we can all spam her Instagram and Twitter accounts?

Nah, obviously I'm not serious… but do you see the difference? There's an enormous imbalance when you have a complainant whose identity will be remain undisclosed right through this whole process compared to two footballers who have been accused of rape and had their names broadcast over the airwaves.

 

[Timewaster]

Majak Daw has been charged. No pressure on North to drop him just yet, not yet been boo'd. Most people have a gist of the law.

North are doing the right thing by standing by Daw until the question of his guilt is settled. It's a pity the Saints didn't have the guts to do the same for Milne - he was a long-serving player who lost the chance to be a 300 gamer and in the end was never convicted.

North should be applauded for standing behind even a fringe player, the Saints showed no loyalty to a club champion.

 

[leeloo]

One other thing about the supposed "victim shaming"… Does anyone know her name? Has it been revealed on Twitter or Facebook?

Can someone please PM her details so I can pass it onto everyone else I know and we can all spam her Instagram and Twitter accounts?

Nah, obviously I'm not serious… but do you see the difference? There's an enormous imbalance when you have a complainant whose identity will be remain undisclosed right through this whole process compared to two footballers who have been accused of rape and had their names broadcast over the airwaves.

TBH, if it drags on, people will know who she is.

 

[LunchboxLegend]

North are doing the right thing by standing by Daw until the question of his guilt is settled. It's a pity the Saints didn't have the guts to do the same for Milne - he was a long-serving player who lost the chance to be a 300 gamer and in the end was never convicted.

North should be applauded for standing behind even a fringe player, the Saints showed no loyalty to a club champion.

Pleaded guilty to a lesser charge. No conviction recorded. Don't re-write history.

 

[JackOutback]

Nothing went over my head.

You accused me of having a sickening attitude towards women when, if you understood my post at all, I was describing the attitude of the report, not my own.

 

[Back One Out]

TBH, if it drags on, people will know who she is.

The Milne case dragged on for 10 years, but I never heard her name mentioned or saw it in print.

 

[leeloo]

The Milne case dragged on for 10 years, but I never heard her name mentioned or saw it in print.

That was before social media.