Silence means consent according to defense in Ohio high school rape trial


‘She didn’t affirmatively say no’: Silence means consent according to defense in Ohio high school rape trial where passed out, drunken teenage girl was ‘sexually assaulted’ by multiple football players
By Associated Press and Daily Mail Reporter
PUBLISHED: 00:55 EST, 12 March 2013 | UPDATED: 01:14 EST, 12 March 2013

In the case that has shocked the nation, prosecutors state that the inebriated girl was taken to a number of parties by a group of drunk teenagers, supporting her to walk when she wasn’t physically capable.

The prosecution claims that the group later sexually assaulted the girl while she lay unconscious.

But attorney Walter Madison, who represents one of the accused boys, argues she was drinking voluntarily and left willingly with the group of boys.

As reported by the Cleveland Trader Madison said: ‘There’s an abundance of evidence here that she was making decisions, cognitive choices.’ ‘She didn’t affirmatively say no,’ he stated

This would be good reference material for anyone who wonders why lawyers, as a profession, have a poor public image. This one needs to be in one of the lower levels of Dante’s Inferno! Just! Amazingly! Despicable!


Guess these guys never got the “training not to rape” classes, eh?


The premise of this story reminds me of something that happened in a community I once lived in. It happened before I moved there, but the neighbors told me about it. A vote was taken of the residents of the street as to whether or not they should have curbs on the street. It failed - until the community decided that for all those who did not vote, it would be considered a “yes” vote.


You must have been living in Flori-duh…


That was in Illinois.


AH!!! LOL!!! Should have guessed!! :embarrese


Not the lawyer’s fault. They have to defend their client, no matter how despicable they are. The lawyer’s horrible argument should be a reflection of these monsters.

By the way, it’s suspected that the girl’s ex-boyfriend pre-meditated this to some degree. This is disgusting, and the town was trying to protect them because they’re football players. What a joke.

I’ve known girls who have had this done to them, too, in college. It’s disgusting, and at least one had an abortion because a boy didn’t use a condom. All these rapists should be locked up forever.


Except for public defenders, no they don’t. And even a public defender doesn’t have to resort to bottom-of-the-septic-tank word-mincing tricks.


What FC said! And this lawyer is resorting to true blame-the-victim tactics. I thought libs and Progs condemned blame-the-victim tactics. Maybe not when the alleged blamer is of a “noble” profession? Or maybe only to vilify some one not on the Liberal/Progressive Plantation?


My bet is that this Lawyer is getting paid a hefty compensation for getting his client off the hook or he is just a scumbag lawyer.


Probably both.


I’m by no means an expert, but I thought that if a defense attorney believed his/her client to be guilty, that he/she could not (should not?) try to defend that person.


I don’t think this is the case at all. Even if they’re guilty, you can try to get a plea bargain or reduce someone’s sentence. It’s their job to do that, and it’s the justice system’s job to hear both sides of a story and decide punishments or repercussions.


Thanks for the clarification. As I said, I am not an expert in juris prudence, by any stretch of the imagination!


If that had been my child…I would be in prison.


Question: What do you call 10,000 laywers at the bottom of the ocean?

Answer: A good start.




A lawyer named John was shopping for a tombstone. After he had made his selection, the stonecutter asked him what inscription he would like on it.

“Here lies an honest man and a lawyer,” responded the lawyer.

“Sorry, but I can’t do that,” replied the stonecutter. "In this state, it’s against the law to bury two people in the same grave.




Ive heard that joke before but it didnt involve lawyers


I have heard the version you are think of as well.

My turn: What do sperm and layers have in common? 1 in 50 million have a chance to become human.


I think that the lawyer’s job is to do his best to see that justice is done. It is not to try to get the guilty off, although I will go along with what someone else said about plea bargaining. Unfortunately, most criminal lawyers do try to get their clients off, even if they know they are guilty.


I have never had experience with a public defender but from what I have heard they just go through the motions and are basically worthless in cases with something more involved than a minor crime.