Ryan John Zabaznow - Alleged BHP Rapist * Convicted

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If a woman is comatose from alcohol they are legally incapable of providing consent. That said he didn't even seek consent.....just jumped in bed with her as the first she knew.

The fact she sought to diffuse the situation the following day by texts doesn't detract from what occurred the night before......that she was incapable of giving consent and didn't provide it.

Seems to me a correct decision on what is known.

I do however take issue with BHP approach which they admit to be victim centric. Until the matter is heard in court they should have kept restraint and offered counselling support but nothing more. To take sides prejudices the outcome and legal process despite what the sex discrimination commissioner might advocate.
 
If a woman is comatose from alcohol they are legally incapable of providing consent. That said he didn't even seek consent.....just jumped in bed with her as the first she knew.

The fact she sought to diffuse the situation the following day by texts doesn't detract from what occurred the night before......that she was incapable of giving consent and didn't provide it.

Seems to me a correct decision on what is known.

I do however take issue with BHP approach which they admit to be victim centric. Until the matter is heard in court they should have kept restraint and offered counselling support but nothing more. To take sides prejudices the outcome and legal process despite what the sex discrimination commissioner might advocate.

Looks to me like BHP did a thorough investigation and had themselves well covered.

His defense in court wasn't to deny the act, he couldn't do that because on site witnesses saw what was happening. He told the court that they had sex, she didn't object.

He probably told BHP the same thing, possibly with the anticipation the boys club might have some sympathy with his position. Zabaznow may not have been across 'consent' issues but BHP is.

There needs to be more education and BHP has taken the opportunity, with that email to employees, to deliver it.
 
Looks to me like BHP did a thorough investigation and had themselves well covered.

His defense in court wasn't to deny the act, he couldn't do that because on site witnesses saw what was happening. He told the court that they had sex, she didn't object.

He probably told BHP the same thing, possibly with the anticipation the boys club might have some sympathy with his position. Zabaznow may not have been across 'consent' issues but BHP is.

There needs to be more education and BHP has taken the opportunity, with that email to employees, to deliver it.

I think it's luck rather than good management that BHP have been proven correct. It was a s**t email when it was sent and it's still a s**t one now. I wouldn't bet anything on them having done a thorough inhouse investigation, Iron Ore management are pretty clueless in most things.

In over 10 years of working for BHP it was the first time I'd ever heard of anything like this happening, admittedly I never took part in drinking while I was on site but it could get rowdy around the place on shift change which is when this occurred.

I hope she's going well and that he cops an appropriate sentence.
 

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I think it's luck rather than good management that BHP have been proven correct. It was a s**t email when it was sent and it's still a s**t one now. I wouldn't bet anything on them having done a thorough inhouse investigation, Iron Ore management are pretty clueless in most things.

In over 10 years of working for BHP it was the first time I'd ever heard of anything like this happening, admittedly I never took part in drinking while I was on site but it could get rowdy around the place on shift change which is when this occurred.

I hope she's going well and that he cops an appropriate sentence.

It's not a very difficult thing to do. Pull back and give support with counselling. Don't interfere in the criminal investigation nor prosecution process. That is and should always be sacrosanct territory. Otherwise if you start labelling and predetermining guilt and victimhood beforehand it becomes vigilantism and rather than being enlightened and educated becomes ignorant and prejudicial. We all know that of course. Just some aren't prepared for justice to take it's course and instead are eager to dispense punishment upon basis of accusation.

An example of interference vigilantism perverting chance of justice is the whole Higgins v Lehrmann debacle now at every level. Let police do their job, prosecutors do theirs, and both politicians, media and employers stay outside entirely.
 
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Got off lightly if you ask me.
Aussie courts doing their thing as per usual.

I haven't read the sentencing remarks for this case. But as a general, sentences are set by the jurisdictions relevant sentencing act. For WA this is the Sentencing Act 1995. The judges don't have as much leeway as people often think when applying this act.

So if you feel the sentence was light, it is the state parliament who is at fault usually.
 

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