Man accused of a rape that his lawyer victim 'was too drunk to remember'

**brian44** · 25th-March-2009

A man has gone on trial accused of raping a lawyer who claims she was too drunk to have agreed to sex.
The alleged victim said she found Peter Bacon lying naked next to her in bed one morning with no memory of what had gone before.
She immediately accused the chef of taking advantage of her, shouting: 'It's because of b******s like you that the law has been changed.'
Prosecutor Kerry Malin said the woman was referring to a 2007 legal ruling that someone who is drunk may not be capable of giving consent.
'She told him she was a lawyer and knew it was rape if she was unable to say yes. She had no capacity to say yes,' added Miss Malin.
The woman was still twice the drink-drive limit later that day when she had a medical examination. Tests proved the pair did have sex.
Bacon, 26, voluntarily went to a police station and told them what the lawyer had said when he woke up in her bed.
He said he wanted to find out what his legal position was but was arrested and later charged.
The lawyer, who cannot be named for legal reasons, had been drinking heavily on the night of the alleged attack, Winchester Crown Court was told.
She shared a meal and four bottles of wine with her former flatmate, who then invited Bacon over to the house for a few drinks. By that stage the lawyer said she was so drunk that she cannot remember the chef arriving or her former flatmate leaving half an hour later.
But the court heard the woman, who is in her 30s, then shared another two bottles of wine with Bacon before going to bed.
She woke the next morning to find him lying naked behind her with her underwear, jumper and trousers lying jumbled in a pile next to the bed.
She said: 'I came to and was aware of somebody lying next to me. I was lying on my side and someone was behind me with their hand on my left breast.
'I was terribly shocked and I was hyperventilating. I thought it was possible that I had had sex but did not know until I went for a medical examination.
'I was too drunk to consent to anything. I swore at him and said "It's because of b******s like you that the law has been changed". He did not say anything.
'I ran downstairs and went into the kitchen, which was in a mess with bottles of wine lined up on a table. When I returned to the bedroom he was getting dressed very hastily and ran out of the front door, leaving his socks behind.'
The woman contacted a friend and said she believed she had been raped the night before.
She attended the medical examination later that morning.
Judith Khan, defending, claimed that the woman had consented at every stage of sexual activity during the alleged assault on February 17 last year.
During cross-examination, she told the woman: 'You got into the bed first and Mr Bacon got in after you. You helped him to remove your clothing.'
She said that she had performed a sex act on him and then had sex.
'Throughout, you were participating in all areas of sexual activity. At no stage were you unwilling to participate.
'The next morning you asked him if you had had sex and he said yes.
'You may have regretted what happened the night before but you had fully participated and consented with what went on between you.'
The alleged victim repeated that she was too drunk to have consented to anything. Miss Malin told the court the woman was aware the law surrounding rape, alcohol and consent had changed because of her legal experience.
She said: 'The victim's reaction when she woke up was one of horror. She shouted at Bacon and became hysterical.'
She said the woman told the chef she knew about the new law on rape and told him in no uncertain terms to leave.
Bacon, of Canterbury in Kent, denies rape. The trial continues.

Judges were told in late 2007 that a woman may not be capable of giving consent if she is drunk, even if she is still conscious.

Earlier that year, three Appeal Court judges quashed the conviction of 25-year-old software engineer Benjamin Bree who was jailed for five years the previous December after a drunken evening with a 19-year-old student.

The girl told the jury that she did not want to have sex, but Mr Bree told the court she had given her consent. One of the judges said sex amounts to rape if the woman is incapable of giving consent.

But he added: 'Where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so, this would not be rape.'

http://www.dailymail.co.uk/news/arti...-remember.html

**RebelliousVanilla** · 25th-March-2009

What a load of shit. They should have tested his alcoholic levels too and if he was drunk too, both should have been charged with rape or neither.

Let's say I had quite some experiences related to being drunk and close to pass out and even passed out. Maybe I'm such an amazing woman that I can make simple decisions like if I want to have sex or not, even when I can barely walk. Of course, I can't make that decision passed out.

They should make a law about this, not judge by precedent. If either is drunk, they can't give consent, or both genders can. It's retarded.

**brian44** · 25th-March-2009

Quote from RebelliousVanilla

They should make a law about this, not judge by precedent. If either is drunk, they can't give consent, or both genders can. It's retarded.

Things are so bad here now I just don't understand why a sane man would take the risk of sleeping with a drunk woman. It's like Russian roulette.

**Garak** · 25th-March-2009

Quote from RebelliousVanilla

What a load of shit. They should have tested his alcoholic levels too and if he was drunk too, both should have been charged with rape or neither.

Let's say I had quite some experiences related to being drunk and close to pass out and even passed out. Maybe I'm such an amazing woman that I can make simple decisions like if I want to have sex or not, even when I can barely walk. Of course, I can't make that decision passed out.

They should make a law about this, not judge by precedent. If either is drunk, they can't give consent, or both genders can. It's retarded.

Indeed it is retarded but we have become a culture that puts all responsibility on men. It isn't because we want to treat women like children, it's because we want to lock as many men away as possible.

**RebelliousVanilla** · 25th-March-2009

Quote from brian44

Things are so bad here now I just don't understand why a sane man would take the risk of sleeping with a drunk woman. It's like Russian roulette.

Or wear a condom and never tell her your name. lol

**brian44** · 25th-March-2009

Quote from RebelliousVanilla

Or wear a condom and never tell her your name. lol

And leave before she wakes up!

**Garak** · 25th-March-2009

Quote from RebelliousVanilla

Or wear a condom and never tell her your name. lol

I wonder how many men who attend parties/nightculbs/bars lie to women about their name from the start.

I have never seen it but then again, it's been years since I went to any of those places.

**brian44** · 25th-March-2009

Quote from Garak

I wonder how many men who attend parties/nightculbs/bars lie to women about their name from the start.

I have never seen it but then again, it's been years since I went to any of those places.

It's much more dangerous sleeping with a woman you are acquainted with, like a fellow student, friend of a friend, colleague etc, etc. As in the above case.

**shaazam** · 25th-March-2009

Quote from brian44

http://www.dailymail.co.uk/news/arti...-remember.html

"""...She woke the next morning to find him lying naked behind her with her underwear, jumper and trousers lying jumbled in a pile next to the bed. ...""

she musta been in a hurry to get her knickers off ha hahhhahhah haaaaa

**senach** · 26th-March-2009

Quote from brian44

And leave before she wakes up!

Or better still,buy one of those Video camera's in a pen,you find them on ebay for £20 ish,they work well,you can download all onto your laptop,when dealing with the state or women record it.

**haahoo** · 26th-March-2009

It has always been patently obvious to me that the main reason many women get ratted when out on the town scantily is to enable them to have sex easier..

They know the bloody consequences, and thats why they do it..

This woman was in her fucking 30's, for fucks sake..

Has she not figured out how alcohol affects her yet?

BULLSHINE!!

How many times has the average gent around town woken up after a heavy night and found himself in bed with Godzilla's mother?

Holy shit, many a time I have considered chewing my arm off at the shoulder in order to make a quick escape without waking the beast!

**senach** · 26th-March-2009

Quote from haahoo

Holy shit, many a time I have considered chewing my arm off at the shoulder in order to make a quick escape without waking the beast!

You too sir,every been to Corby?

**haahoo** · 26th-March-2009

Quote from RebelliousVanilla

Or wear a condom and never tell her your name. lol

The whole point of shafting a woman you dont know and will never (hopefully!) see again is, speaking from an evolutionary viewpoint, to inseminate said creature and give her the benefits of your DNA for posterity..

I always think, if it aint worthy of a good seeding, it aint worth fucking in the first place!!