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Tried as an adult - offence happened when a child

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think positive Libra

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PostPosted: Tue Dec 01, 2015 9:32 pm
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Hmmm, seems cops first heard about it in 2007, and witness accounts seem to back the girl

http://www.theage.com.au/afl/afl-news/majak-daw-committed-to-stand-trial-over-alleged-rape-20141216-1284pl.html

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Morrigu Capricorn



Joined: 11 Aug 2001


PostPosted: Tue Dec 01, 2015 10:01 pm
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He was 16 she was 15 - both minors - she and her witness get protection from public naming he doesn't - that ain't right whether he committed the crime or not.

Culprit is right if he wasn't now an AFL footballer it wouldn't be getting media attention - he wasn't an AFL footballer at the time he was a minor school kid.

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Last edited by Morrigu on Wed Dec 02, 2015 8:22 am; edited 2 times in total
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think positive Libra

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PostPosted: Wed Dec 02, 2015 7:57 am
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The friends ex boyfriend said when the girl came back to the party, she was hysterical, obviously very upset. The teacher said she was a shadow of herself for months. They are not close friends. I guess only 2, maybe three people really know what happened. And each will have their own personal version of the truth. He may really believe he's innocent, when he is not. It's still a real shame when teenage girls feel pressured into sex. When teenage girls cannot at the time come out and say "this happened to me". Maybe she did change her mind. I have no idea if he's guilty. I have no idea if he's innocent. I wasn't there. The real injustice though right now, is his name is all over the papers. That's the thing that is wrong.

Saying she's after money though, the shame that a woman incorrectly feels when it comes to rape, that's a big call. And who says she will get anything? The law knows that it's hard to get a conviction at the best of times in these cases. I find it hard to believe the case would go ahead unless there was some confidence of a conviction.

I'm betting a lot more teenage girls are coerced into having sex against their will, than boys get accused of rape. It's feral out there.

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Tannin Capricorn

Can't remember


Joined: 06 Aug 2006
Location: Huon Valley Tasmania

PostPosted: Wed Dec 02, 2015 8:25 am
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^ One of the best posts I've seen in a long, long while.

Those who are naming names and ignorantly speculating for the fun of it should read it and learn something.

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Morrigu Capricorn



Joined: 11 Aug 2001


PostPosted: Wed Dec 02, 2015 8:38 am
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^ Done!

But I still would like someone to explain why he is being tried as an adult???

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HAL 

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PostPosted: Wed Dec 02, 2015 8:41 am
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You may be wondering if this is a person or a computer responding.
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David Libra

I dare you to try


Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Wed Dec 02, 2015 8:47 am
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think positive wrote:
The friends ex boyfriend said when the girl came back to the party, she was hysterical, obviously very upset. The teacher said she was a shadow of herself for months. They are not close friends. I guess only 2, maybe three people really know what happened. And each will have their own personal version of the truth. He may really believe he's innocent, when he is not. It's still a real shame when teenage girls feel pressured into sex. When teenage girls cannot at the time come out and say "this happened to me". Maybe she did change her mind. I have no idea if he's guilty. I have no idea if he's innocent. I wasn't there. The real injustice though right now, is his name is all over the papers. That's the thing that is wrong.

Saying she's after money though, the shame that a woman incorrectly feels when it comes to rape, that's a big call. And who says she will get anything? The law knows that it's hard to get a conviction at the best of times in these cases. I find it hard to believe the case would go ahead unless there was some confidence of a conviction.

I'm betting a lot more teenage girls are coerced into having sex against their will, than boys get accused of rape. It's feral out there.


Great post, TP. Agree 100%.

As for Culprit's 'he said/she said' remark ... isn't this pretty much every rape case ever? Most don't happen in public, so it really is generally the plaintiff's word against the defendant's. Surely we should be trying to get rapists prosecuted, not dismissing the minority of cases that actually get to court because it's all 'hearsay'.

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Wokko Pisces

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Joined: 04 Oct 2005


PostPosted: Wed Dec 02, 2015 9:45 am
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You do understand 'beyond reasonable doubt' and 'innocent until proven guilty' don't you David?

I am never, ever going to simply believe someone because they make an accusation.

This case appears to have corroboration, but even that seems to be circumstantial rather than direct evidence.
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David Libra

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Joined: 27 Jul 2003
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PostPosted: Wed Dec 02, 2015 12:04 pm
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^ Of course I do. I'm not at all saying that those principles need to be relaxed in rape cases. Just saying that rape is generally a private crime and, accordingly, much more difficult to prove. But that's surely a reason to put more effort into prosecuting rape cases, not less.
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Wed Dec 02, 2015 6:25 pm
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think positive wrote:
The friends ex boyfriend said when the girl came back to the party, she was hysterical, obviously very upset. The teacher said she was a shadow of herself for months. They are not close friends. I guess only 2, maybe three people really know what happened. And each will have their own personal version of the truth. He may really believe he's innocent, when he is not. It's still a real shame when teenage girls feel pressured into sex. When teenage girls cannot at the time come out and say "this happened to me". Maybe she did change her mind. I have no idea if he's guilty. I have no idea if he's innocent. I wasn't there. The real injustice though right now, is his name is all over the papers. That's the thing that is wrong.

Saying she's after money though, the shame that a woman incorrectly feels when it comes to rape, that's a big call. And who says she will get anything? The law knows that it's hard to get a conviction at the best of times in these cases. I find it hard to believe the case would go ahead unless there was some confidence of a conviction.

I'm betting a lot more teenage girls are coerced into having sex against their will, than boys get accused of rape. It's feral out there.


Only comment I'll make on the case is that in one article I read it said that he was accused of oral, digital and vaginal rape but that actual intercourse did not occur.

Otherwise I tend to agree, there can be a lot of pressure on teenage girls to engage in sexual activity, some subtle and some not so.

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think positive Libra

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PostPosted: Thu Dec 03, 2015 2:03 pm
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not guilty

http://www.theage.com.au/victoria/afl-footballer-majak-daw-not-guilty-of-raping-15yearold-girl-20151202-gle37o.html

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Culprit Cancer



Joined: 06 Feb 2003
Location: Port Melbourne

PostPosted: Thu Dec 03, 2015 7:43 pm
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He should be able to sue.
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stui magpie Gemini

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PostPosted: Thu Dec 03, 2015 7:44 pm
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Don't hold your breath that she doesn't.

Different standard of proof, worked for OJ's wife's family.

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Culprit Cancer



Joined: 06 Feb 2003
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PostPosted: Thu Dec 03, 2015 7:54 pm
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stui magpie wrote:
Don't hold your breath that she doesn't.

Different standard of proof, worked for OJ's wife's family.
Rape is one of the hardest cases to get a conviction when it's she said, he said. On that basis with the evidence presented there was no chance of a guilty verdict even of you had 12 KKK members on the Jury. Majak should be able to sue.
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Morrigu Capricorn



Joined: 11 Aug 2001


PostPosted: Thu Dec 03, 2015 7:57 pm
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Very very pleased!!
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