Comment Re:seems like a waste of money (Score 1) 541
Full details here:
http://en.wikipedia.org/wiki/Julian_Assange
The rape charges are a bit tenuous. Firstly, they started with consensual sex. Secondly, some of the females changed their accusations.
In one of the two cases, the "rape" charge based on not using a condom was found to actually be that the condom broke during consensual sex.
To quote the meat:
An extradition hearing took place on 7â"8 and 11 February 2011 before the City of Westminster Magistrates' Court.[260][261] At the hearing, Assange's defence raised a variety of objections, including mismatches between the EAW and the original accuser statements to the Swedish police[262][263] that exaggerated the nature of the complaints.[264][265] In particular they argued the original police reports showed - contrary to the EAW - absence of alleged rape; absence of alleged force or injury; admission in both cases of consensual sex on the same occasions as the allegations; and splitting of a condom used with plaintiff 1 rather than failure to use one.
The defence also highlighted evidence that: plaintiff 2 had later admitted to being "half asleep" after consensual sex, rather than "asleep"; that the plaintiffs had originally been seeking to compel Assange to take an STD test rather than prosecution;[266] and that plaintiff 1 had thrown a Crayfish party for Assange at her home the evening after the alleged incidents, from which she tweeted: "Sitting outdoors at 02:00 and hardly freezing with the world's coolest, smartest people! It's amazing!" and invited Assange to stay in her room afterwards.[267][268]
Yeah, the defense kept highlighting evidence that was unrelated to whether Assange committed a crime, since that evidence was about details that occurred, you know, after the crime was committed. If I steal your car, and the next day, we go out for a beer, that doesn't suddenly make your car not-stolen. Maybe you decide to press charges, maybe you don't, but I've already committed every single element of the crime. Maybe, for example, you decide not to bring charges because we're buddies and I returned your car later... or maybe you later find that I also vomited in the back seat and smashed the quarter panel, and bring charges. Do I get to claim "but we had a beeeeeer!" as a defense? Of course not.
In this case, if the allegations are true (and they seem to be, since Assange has never claimed the acts never happened, merely that they weren't criminal), once Assange penetrated a sleeping woman knowing he didn't have her consent, he committed rape. Maybe she decides not to press charges if he has an STD test... Maybe he refuses to have the STD test, and she does go forward with charges - just like you and the vomit in your car. Point is, once the criminal act is performed, any subsequent acts are irrelevant. They don't go back in time and reverse reality.
And this is one of the reasons why he lost at the extradition hearing, and also lost on appeal.