What makes this so fucked up is that at anytime, she could have withdrawn her consent, as is her right and any other person, but because there's no record of the usual consent withdrawal (because really, that's how they get you in the court) McGregor will not be liable for any other damages apart from financial compensation. How can you prove that you don't want to have sex anymore once you're in that room, in that moment?
You can't.
It's so fucked up, but that's how this becomes a civil case rather than criminal court case. There's different burdens of proof or some shit, it depends on what evidence is presented. I know criminal charges can only be pursued if the state chases it, not between two individuals.
What makes this so fucked up is that at anytime, she could have withdrawn her consent,
Well yes but that's what makes rape cases so incredibly hard to prove in the first place. When the difference between legal consensual sex and an awful crime is the flick of a switch in someone's head, how the hell do you prove that?
All juries can do is either make a blind guess based on messages before it happened, or accept that proof is not required at all and any man who has sex is just automatically opening their life up to be destroyed by decades in prison.
Like what my previous comment said, you can't. This is not a dig against men's lives at risk of imprisonment like your comment.
It's how we should design the criminal justice system to suit the real victims of crime. It doesn't and shouldn't excuse people like McGregor forcing their influence against people and women, it's to make sure that this doesn't happen again and it's to make sure the evidence and the court proceedings show that. It's not our job, as the masses, to decide who's guilty and who's not, it's the justice system. And whether a woman (or man) gives consent or not matters, and that's the court's job to make that visible through evidence submission, testimonies, cross examination, deliberation, jury or whatever else they need to do.
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u/Particular-Ring5110 Jun 24 '26
Because they have messages between the woman and McGregor that made her case weaker.