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by fartdad » 01 Feb 2022 19:50
by BROB0T » 01 Feb 2022 22:52
by Uke » 01 Feb 2022 23:54
BROB0T What's the difference between civil and criminal law
Especially with something like rape where it may be difficult to draw the line on what was and wasn't consensual
In June 2008, Goodwillie was convicted of assaulting a man in a Stirling nightclub, and was fined £250.
In September 2009 Goodwillie was arrested after a nightclub doorman was knocked unconscious. Two months later, Goodwillie was convicted of assault and received a £200 fine.
In 2012, Goodwillie was convicted of assault for repeatedly punching and kicking John Friel after Friel attacked Goodwillie's teammate Danny Swanson from behind at a takeaway in Glasgow in 2010. He was sentenced to a 12-month probation order and to carry out 80 hours of unpaid work. Friel was ordered to carry out 240 hours of unpaid work for his part in the incident.
Rape
Goodwillie and his teammate David Robertson were accused of raping a woman, Denise Clair, in January 2011. Goodwillie was charged with rape, but the Crown Office did not pursue a criminal prosecution due to insufficient evidence in law. The Criminal Injuries Compensation Authority determined that Clair had been raped and awarded her £11,000.
Clair took civil action in 2016 against Goodwillie and Robertson, in the first case of its kind in Scotland. The judge ruled that they each raped her, and ordered them to pay £100,000 in compensation. The civil case was judged on the balance of probabilities and did not need corroboration of evidence, unlike in a Scottish criminal case. Goodwillie left his club, Plymouth Argyle, soon after the case concluded. A club statement said that Goodwillie had asked to leave as he was considering an appeal. In November 2017, three appeal judges at the Court of Session upheld the ruling.
by BROB0T » 02 Feb 2022 01:27
UkeBROB0T What's the difference between civil and criminal law
Especially with something like rape where it may be difficult to draw the line on what was and wasn't consensual
Burden of proof and the need for a unanimous or majority verdict?
Seems a nice guy thoughIn June 2008, Goodwillie was convicted of assaulting a man in a Stirling nightclub, and was fined £250.
In September 2009 Goodwillie was arrested after a nightclub doorman was knocked unconscious. Two months later, Goodwillie was convicted of assault and received a £200 fine.
In 2012, Goodwillie was convicted of assault for repeatedly punching and kicking John Friel after Friel attacked Goodwillie's teammate Danny Swanson from behind at a takeaway in Glasgow in 2010. He was sentenced to a 12-month probation order and to carry out 80 hours of unpaid work. Friel was ordered to carry out 240 hours of unpaid work for his part in the incident.
Rape
Goodwillie and his teammate David Robertson were accused of raping a woman, Denise Clair, in January 2011. Goodwillie was charged with rape, but the Crown Office did not pursue a criminal prosecution due to insufficient evidence in law. The Criminal Injuries Compensation Authority determined that Clair had been raped and awarded her £11,000.
Clair took civil action in 2016 against Goodwillie and Robertson, in the first case of its kind in Scotland. The judge ruled that they each raped her, and ordered them to pay £100,000 in compensation. The civil case was judged on the balance of probabilities and did not need corroboration of evidence, unlike in a Scottish criminal case. Goodwillie left his club, Plymouth Argyle, soon after the case concluded. A club statement said that Goodwillie had asked to leave as he was considering an appeal. In November 2017, three appeal judges at the Court of Session upheld the ruling.
by Dirk Gently » 02 Feb 2022 09:42
UkeBROB0T What's the difference between civil and criminal law
Especially with something like rape where it may be difficult to draw the line on what was and wasn't consensual
Burden of proof and the need for a unanimous or majority verdict?.
by BROB0T » 02 Feb 2022 09:57
Dirk GentlyUkeBROB0T What's the difference between civil and criminal law
Especially with something like rape where it may be difficult to draw the line on what was and wasn't consensual
Burden of proof and the need for a unanimous or majority verdict?.
Also the fact that in a criminal case in Scotland nothing is valid as evidence unless it's corroborated by a second person or supported by some other piece of evidence - so in a case where it's one person's word against one other person's, a conviction is almost impossible.
In a rape case, corroboration might be bruising or signs of a struggle, but in a case where there's no corroboration there's no hope of a conviction.
by Pepe the Horseman » 02 Feb 2022 10:46
BROB0TDirk GentlyUke
Burden of proof and the need for a unanimous or majority verdict?.
Also the fact that in a criminal case in Scotland nothing is valid as evidence unless it's corroborated by a second person or supported by some other piece of evidence - so in a case where it's one person's word against one other person's, a conviction is almost impossible.
In a rape case, corroboration might be bruising or signs of a struggle, but in a case where there's no corroboration there's no hope of a conviction.
Very difficult to prove what actually happened especially as the 'truth' in this case could be subjective...
...with both parties genuinely believing that their version of events is the correct one.
If the woman doesn't struggle out of fear then she has zero proof
by Pepe the Horseman » 02 Feb 2022 10:48
by BROB0T » 02 Feb 2022 11:00
Pepe the HorsemanBROB0TDirk Gently
Also the fact that in a criminal case in Scotland nothing is valid as evidence unless it's corroborated by a second person or supported by some other piece of evidence - so in a case where it's one person's word against one other person's, a conviction is almost impossible.
In a rape case, corroboration might be bruising or signs of a struggle, but in a case where there's no corroboration there's no hope of a conviction.
Very difficult to prove what actually happened especially as the 'truth' in this case could be subjective...
...with both parties genuinely believing that their version of events is the correct one.
If the woman doesn't struggle out of fear then she has zero proof
Notes from the civil case if you're interested https://www.scotcourts.gov.uk/search-ju ... 0000d74aa7
by Winston Biscuit » 02 Feb 2022 15:43
by Ascotexgunner » 02 Feb 2022 21:51
Winston Biscuit Benjamin Mendy charged with an additional count of rape. That's 8 in total.
Goes on trial in July
by windermereROYAL » 02 Feb 2022 22:16
AscotexgunnerWinston Biscuit Benjamin Mendy charged with an additional count of rape. That's 8 in total.
Goes on trial in July
Just reading the charges against Greenwood. Looks like he isn't playing for a big club again. Wonder if that's why they seemed reluctant to let Lindgard go.
by paultheroyal » 03 Feb 2022 09:18
AscotexgunnerWinston Biscuit Benjamin Mendy charged with an additional count of rape. That's 8 in total.
Goes on trial in July
Just reading the charges against Greenwood. Looks like he isn't playing for a big club again. Wonder if that's why they seemed reluctant to let Lindgard go.
by Silver Fox » 03 Feb 2022 10:09
Winston Biscuit Benjamin Mendy charged with an additional count of rape. That's 8 in total.
Goes on trial in July
by Winston Biscuit » 03 Feb 2022 11:15
by Pepe the Horseman » 03 Feb 2022 11:19
by Hendo » 03 Feb 2022 11:26
Pepe the Horseman Raith have confirmed they won't be playing Goodwillie and are trying to rip up his contract. Not sure they'll have any legal grounds for that, so expect he'll get a big payoff.
by Pepe the Horseman » 03 Feb 2022 11:28
HendoPepe the Horseman Raith have confirmed they won't be playing Goodwillie and are trying to rip up his contract. Not sure they'll have any legal grounds for that, so expect he'll get a big payoff.
As wrong as it was they signed him, this feels somehow worse, no way should he be getting a pay-out.
by NathStPaul » 03 Feb 2022 11:29
HendoPepe the Horseman Raith have confirmed they won't be playing Goodwillie and are trying to rip up his contract. Not sure they'll have any legal grounds for that, so expect he'll get a big payoff.
As wrong as it was he signed for him, this feels somehow worse, no way should he be getting a pay-out.
by Hendo » 03 Feb 2022 11:30
Pepe the HorsemanHendoPepe the Horseman Raith have confirmed they won't be playing Goodwillie and are trying to rip up his contract. Not sure they'll have any legal grounds for that, so expect he'll get a big payoff.
As wrong as it was they signed him, this feels somehow worse, no way should he be getting a pay-out.
Yeh, suppose the only other option is to keep paying him, but not play him. Which he also benefits from. They knew what they were getting, so just can't see that they've got any grounds to terminate his contract.
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