Bubu
- Thread starter Cyclone07
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Well that isn't the law. You know that means if you sleep with your spouse and are over .08 it would make your spouse a rapist right? Glad you don't write the laws.
That is getting thrown around way too much here for this case. If something was said initially discrediting her sure, but we are discussing legal incapacitation and the distinction between that and bad decision making induced by alcahol. Calling that victim shaming is BS. Bubu had the charges of rape dropped. Bubu is suing her hence he is the alleged victim in this civil suit we are discussing and yes there is a lot of shaming going on.
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Spelling error. Trying making a paragraph readable.
I answered your questions, you don't like answers.
709.1A INCAPACITATION.
As used in this chapter, "incapacitated" means a person is disabled or deprived of ability, as follows:
1. "Mentally incapacitated" means that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
As used in this chapter, "incapacitated" means a person is disabled or deprived of ability, as follows:
1. "Mentally incapacitated" means that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
The discussion is about whether someone who consented can claim they were legally incapacitated and thus unable to consent. His point is that if she had murdered bubu she couldn't claim she was too drunk and thus unable to decide to kill (but he is wrong it may be a factor in determining if he was able to have formulate intent so the law is consistant).
Nobody is saying it was ok because she was drunk as you seem to imply. He was saying it shouldnt be a crime solely because she was drunk, and in fact it isnt As Rohclone said the standard is incapacitation and it is a moving target but it is an inability to function and make decisions (speak, text, pay your tab, walk etc.). It really isnt that relevant to the case unless we find out this is why Leath kicked bubu off the team because he believed she was incapacitated as many have theorized.
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Alright now you are victim shaming. No drinking doesn't make it ok for anything bad that happened to you.
The law isn't sobriety it's incapacitation of any kind alcohol, disease, drugs, injury etc.
Key word is "incapable" vs. an impaired ability. It is a tough standard. The fallacy is that drunk sex is illegal, it is not. Having sex with someone who doesn't know what is going on is illegal.
And I suspect that is very hard to prove in court. The law is vague. If someone lies the next day, fabricates evidence, and also claims not to remember, what do you believe as a judge? It is easy enough to say you do not remember if you are willing to do the first two things. All the finer points will probably come out in the ongoing Bubu case. This will become more of a national story in the next year. It has already been documented quite a bit by cbs sports, fox sports, and the Rag. Heck, even the water video is now going national from little old Ames.
I was under the impression that she isnt actually claiming not to remember but that was a guise to get Bubu to confess in the police phone call. The way I read it was that Bubu is presenting the phone call as evidence of him maintaining his version even alone and before he knew police were involved. However that has to be the worst way to gain a confession. Had he raped her would he actually admit to that if the girl called the next day and said she can't remember what happened?
From the petition:
18. Based on these allegations, on or about May 19, 2012, the Ames Police Department had H.E.B. instigate a pre-textual phone call with Palo, in which she pretended to not recall the events of May 18, 2012, both leading up to and including the sex act.
19. During this pre-textual phone call Palo admitted to engaging in sexual intercourse with H.E.B., but adamantly denied the sexual intercourse was not consensual.
18. Based on these allegations, on or about May 19, 2012, the Ames Police Department had H.E.B. instigate a pre-textual phone call with Palo, in which she pretended to not recall the events of May 18, 2012, both leading up to and including the sex act.
19. During this pre-textual phone call Palo admitted to engaging in sexual intercourse with H.E.B., but adamantly denied the sexual intercourse was not consensual.
It is the summer. During the school year we are armchair qbs and armchair point guards.
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You really didn't. I'll try to make my 2 questions shorter and directly to the point, and I hope you will answer them directly and to the point. Why do you believe the girl when she's lied under oath and fabricated evidence in this case, instead of BuBu when there is no evidence he has lied about anything? And what purpose did it serve for Leath to basically rip BuBu several times thru the media?
I don't like the idea of judges deciding who is on a team rather than a university. Because of that, I think the university should make sure they have their ducks in a row before they kick a scholar-athlete off of a team for cause. The judge that restored him seemed to think that the ducks weren't in a row and that they weren't even ducks.
1-Because I believe Bubu is only partially telling truth(as I said earlier).
2-"basically rip" what does this mean?
Sorry if that's the way you read it, but in no way did I mean that drinking makes it ok for bad things to happen to you, nor did I say that. I did say that when you drink yourself into a stupor, bad things can and maybe even often do happen and you are responsible for putting yourself into that stupor and resulting bad situation. I've done my share of drinking in my life, and I don't think it's news that some people drink to lower their inhibitions, and that makes it easier for them to do things they wouldn't do while sober, myself included. Just who's responsible when that happens.
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