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Old 17 November 2018, 03:02 AM
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erwins erwins is offline
Join Date: 04 April 2006
Location: Portland, OR
Posts: 12,366

Originally Posted by Steve View Post
From what I can tell, the underwear was only brought out during closing arguments, so if an argument was made during the trial that the sex was consensual, it must have rested on something more than the thong.
Can you cite your source for that? I haven't found anything with much detail about the trial itself.

I'm not versed in Irish law, but our systems come from the same common law roots, so I'm going to make some educated guesses based on our system.

You don't make arguments during the trial. You only get to argue during opening and closing statements. During closing statements, if you want to refer to facts, like what someone was wearing, or hold up a thing the person was wearing, then those facts, and that thing, have to be in evidence. That means they have to have been brought out during the trial.

There are two main possibilities, as I see it. One, the 17 year old was asked at trial what she was wearing, and the thong was admitted into evidence in that context. Or, two, her underwear were collected as evidence and tested, and were admitted into evidence in that context, and the defense attorney used them in closing argument to make the consent argument.

Regardless, the important point is that this is an argument that is allowed, and is made. Whether we can say based on a tiny bit of information if it worked or not is pretty tangential to the point of the OP, and the protests.
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