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Laird Lugton

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  1. Laird Lugton

    Not guilty - but pay up!

    Another great post Retsdon 👍
  2. Laird Lugton

    Not guilty - but pay up!

    But do the fact bear out your theory? Of those statistics I gave earlier more than half of the accused that went to trial were able to prove their innocence. Not all will have been “rape in a social setting” as Mungler called it but then of the 1800 ish reported rapes/attempted rapes I imagine a fair few of the 1550 ish cases that didn’t make it to court would have been rape in a social setting with no case to answer....
  3. Laird Lugton

    Not guilty - but pay up!

    But his evidence wasn’t sufficient for a not guilty verdict either. For the final time it was NOT PROVEN. Therefore he was not found to be not guilty. If he had been convicted would she have taken it to the civil court? This is probably more to do with seeking some kind of justice than for financial gain.
  4. Laird Lugton

    Not guilty - but pay up!

    Hence the reason everyone is now stressing you must get consent. Of those 1,878 there must be a fair few that don't hold up to scrutiny and were knocked into touch at that point, yet of the 251 where the Procurator Fiscal thought the chances of a conviction were high (i.e. the burden of proof was high) 153 accused were able to prove their innocence.....
  5. Laird Lugton

    Not guilty - but pay up!

    So after a bit of digging a few facts from Rape Crisis Scotland. In 2016/7 there were 1878 reports of rape or attempted rape, of those, 251 went to prosecution and 98 cases resulted in a conviction. Of the Not Guilty/Not Proven verdicts 153 were not guilty and 26 were not proven. So in answer to your question the Scottish legal system has shown it is quite capable of enabling the accused to prove their innocence..... Ot to put it another way the jury and judges thought 153 were definitely not guilty but 26 they were pretty certain they'd raped someone but couldn't prove it beyond reasonable doubt.
  6. Laird Lugton

    Not guilty - but pay up!

    Thus, there might be a single plaintiff or witness for the prosecution, which the jury or judge believes is both truthful and trustworthy, but no other witness or circumstances against the accused. By Scottish law, the accused then should be acquitted, but often will be so by the verdict "not proven".[1] My mistake, it's damages 👍
  7. Laird Lugton

    Not guilty - but pay up!

    Not so, in England there is no not proven. You discredit the Scottish legal system if you think some man can't get a not guilty verdict in a rape trial.
  8. Laird Lugton

    Not guilty - but pay up!

    And the flip side of that is.... Around one in ten rapes or attempted rapes reported to police in England and Wales are brought to trial. Research from 2013 estimated that between one in twenty and one in thirty rape cases end up at trial. This is far from being a man hating exercise.
  9. Laird Lugton

    Not guilty - but pay up!

    😂 agreed. With the not proven verdict he should be hanging his head in shame as he is as good as guilty. The burden of proof was not sufficient for a custodial sentence but was for an £80k fine. He got away with it lightly.
  10. Laird Lugton

    Not guilty - but pay up!

    After hearing seven days of, at times, harrowing evidence in June this year, Sheriff Robert Weir QC said on Friday that he agreed with Miss M’s lawyer, Simon di Rollo QC, that the evidence against Coxen was “compelling and persuasive”. In an 84-page ruling, the sheriff said he found that soon after 2am on Saturday 14 September 2013 “the defender took advantage of the pursuer when she was incapable of giving meaningful consent because of the effects of alcohol, but he continued to do so even after she manifested distress and a measure of physical resistance, and that he raped her”.
  11. Laird Lugton

    Not guilty - but pay up!

    No he wasn't, he was found Not proven!
  12. Laird Lugton

    Not guilty - but pay up!

    As child in Scotland I remember my mother telling me a good way of looking at a "not proven" verdict as meaning we know you did it but can't prove it. If the jury/judge thought you were innocent then a not guilty verdict would have been passed. From wikipedia: "Both in the "solemn" and the "summary" acquittals, not proven is interpreted as indicating that the jury or judge, respectively, is not convinced of the innocence of the accused; in fact, they may be morally convinced that the accused is guilty, but do not find the proofs sufficient for a conviction. One reason for this is the rule that in such cases the evidence for the prosecution must be corroborated in order to permit a conviction." (my bold) I don't think English Law has the "not proven" verdict. The lesser court is not in conflict as the accused was not given a verdict of "not guilty". But he isn't "not guilty".
  13. Laird Lugton

    Vasectomy

    I had two women for mine, one was the doc, the other the nurse. I figured the nurse was there to distract me..... I had mine done at a community hospital where there were rooms off the large waiting area ( seats for maybe a hundred?) I did ask, whilst lying on the table, if anyone had decided at that point to not go through with it. The doctor piped up and said she had one chap that as soon as the anaesthetic was in he jumped up off the table and darted out into the waiting area. The only thing she managed to shout was “at least pull your pants up!” Must have been a bonny sight....
  14. Laird Lugton

    Scotland Firearms Amnesty

    Just need to find somewhere to shoot it! Maybe I can use it to introduce my son to guns, which is why my Dad bought it as there was little recoil which he thought would suit me better!
  15. Laird Lugton

    Scotland Firearms Amnesty

    .22 Sharp Innova, something the old man and I used to use together. Shame to see it destroyed so seeing as my SGC has a while to run until renewal I think I’ll stick it back in the cabinet and have a think.
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