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	Comments on: Justice isn’t blind. She’s just plain dumb.	</title>
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	<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
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		<title>
		By: Steve		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16724</link>

		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Wed, 29 Oct 2008 17:59:44 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16724</guid>

					<description><![CDATA[@Kenneth: &quot;Naivety and stupidity are nobody else’s fault&quot;

Maybe so, but going back to your example, the guy who shot you, would still be guilty of murder no matter how stupid or naive you were to enter the room!]]></description>
			<content:encoded><![CDATA[<p>@Kenneth: &#8220;Naivety and stupidity are nobody else’s fault&#8221;</p>
<p>Maybe so, but going back to your example, the guy who shot you, would still be guilty of murder no matter how stupid or naive you were to enter the room!</p>
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		<title>
		By: Kenneth Cassar		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16723</link>

		<dc:creator><![CDATA[Kenneth Cassar]]></dc:creator>
		<pubDate>Wed, 29 Oct 2008 15:44:46 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16723</guid>

					<description><![CDATA[@ Steve:

That&#039;s what I&#039;m saying.  Naivety and stupidity are nobody else&#039;s fault.]]></description>
			<content:encoded><![CDATA[<p>@ Steve:</p>
<p>That&#8217;s what I&#8217;m saying.  Naivety and stupidity are nobody else&#8217;s fault.</p>
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		<title>
		By: Steve		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16722</link>

		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Wed, 29 Oct 2008 11:01:35 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16722</guid>

					<description><![CDATA[@David, ok, not a rapist, but common decency dictates that a no means no whenever it is uttered.

@Kenneth, ehhh? If I entered the room it would because I was naive and stupid, and would have believed that his earlier threat was a bluff. This Swedish girl, was in my opinion naive and stupid, and thought these men were just being machos, and wouldn&#039;t force the issue. I maybe wrong

@Daphne, yes I agree it is very sad, but the example I gave,  had nothing to do with and legalisms. I stopped out of common decency, and perhaps I&#039;m old fashioned in thinking if the woman says no then it&#039;s not going to be much fun anyway.   Had I ignored her no, would I have automatically become a rapist? I don&#039;t think so. Should the law be involved? Probably not. I guess it all comes down to common decency, which unfortunately a lot of men (and yes even women) seem to have lost (or never had)

I think the effect of bringing the law into areas previously governed by decency and common sense has led to people losing their sense of decency and common sense. Try living in the UK!!]]></description>
			<content:encoded><![CDATA[<p>@David, ok, not a rapist, but common decency dictates that a no means no whenever it is uttered.</p>
<p>@Kenneth, ehhh? If I entered the room it would because I was naive and stupid, and would have believed that his earlier threat was a bluff. This Swedish girl, was in my opinion naive and stupid, and thought these men were just being machos, and wouldn&#8217;t force the issue. I maybe wrong</p>
<p>@Daphne, yes I agree it is very sad, but the example I gave,  had nothing to do with and legalisms. I stopped out of common decency, and perhaps I&#8217;m old fashioned in thinking if the woman says no then it&#8217;s not going to be much fun anyway.   Had I ignored her no, would I have automatically become a rapist? I don&#8217;t think so. Should the law be involved? Probably not. I guess it all comes down to common decency, which unfortunately a lot of men (and yes even women) seem to have lost (or never had)</p>
<p>I think the effect of bringing the law into areas previously governed by decency and common sense has led to people losing their sense of decency and common sense. Try living in the UK!!</p>
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		<title>
		By: David Buttigieg		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16721</link>

		<dc:creator><![CDATA[David Buttigieg]]></dc:creator>
		<pubDate>Tue, 28 Oct 2008 12:14:28 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16721</guid>

					<description><![CDATA[@Steve,
&quot;. Are you saying that had I ignored her very definitive ‘no’ and forced my self on her, I would have been been within my rights?&quot;

Well perhaps not &quot;within your rights&quot; a male in that situation can hardly be considered a rapist and locked up for life so to speak!]]></description>
			<content:encoded><![CDATA[<p>@Steve,<br />
&#8220;. Are you saying that had I ignored her very definitive ‘no’ and forced my self on her, I would have been been within my rights?&#8221;</p>
<p>Well perhaps not &#8220;within your rights&#8221; a male in that situation can hardly be considered a rapist and locked up for life so to speak!</p>
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		<title>
		By: Kenneth Cassar		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16720</link>

		<dc:creator><![CDATA[Kenneth Cassar]]></dc:creator>
		<pubDate>Tue, 28 Oct 2008 12:02:38 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16720</guid>

					<description><![CDATA[@ Steve:

Suppose that I know that in the next room there is a person who has a gun and had told me a few minutes earlier that he wants to shoot me.  Suppose I enter the room.  The person shooting me would be guilty of murder, but it still would be my fault that I am killed.

I think the same applies here]]></description>
			<content:encoded><![CDATA[<p>@ Steve:</p>
<p>Suppose that I know that in the next room there is a person who has a gun and had told me a few minutes earlier that he wants to shoot me.  Suppose I enter the room.  The person shooting me would be guilty of murder, but it still would be my fault that I am killed.</p>
<p>I think the same applies here</p>
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		<title>
		By: Pat		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16719</link>

		<dc:creator><![CDATA[Pat]]></dc:creator>
		<pubDate>Tue, 28 Oct 2008 11:03:17 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16719</guid>

					<description><![CDATA[&quot;It&#039;s like a nightmare world dreamed up by Ben Elton&quot;

Except in Ben Elton&#039;s world the man saying no would have most likely been publicly persecuted.]]></description>
			<content:encoded><![CDATA[<p>&#8220;It&#8217;s like a nightmare world dreamed up by Ben Elton&#8221;</p>
<p>Except in Ben Elton&#8217;s world the man saying no would have most likely been publicly persecuted.</p>
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		<title>
		By: Steve		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16718</link>

		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Tue, 28 Oct 2008 09:09:11 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16718</guid>

					<description><![CDATA[I still think you are treading dangerous ground here. She was stupid and naive to go down to the beach with them, but that doesn&#039;t give them the right to do what they want. I&#039;ve been in a situation where I was with a woman, back at her place, and at the very last minute she goes &#039;stop, I can&#039;t do this&#039;. She had invited me back to her place, I don&#039;t think she was drunk, and I don&#039;t think she was naive. She invited me back to her place for one simple reason(and it wasn&#039;t a mixed message!). Then for whatever reason she changed her mind. When I say the last minute, I mean the last minute. I stopped. I&#039;m your proverbial red-blooded male, so it wasn&#039;t easy, but I did. Are you saying that had I ignored her very definitive &#039;no&#039; and forced my self on her, I would have been been within my rights?

&lt;strong&gt;[Daphne - It&#039;s so sad that legalisms have come to regulate intimacy between men and women, don&#039;t you think? It&#039;s like a nightmare world dreamed up by Ben Elton.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>I still think you are treading dangerous ground here. She was stupid and naive to go down to the beach with them, but that doesn&#8217;t give them the right to do what they want. I&#8217;ve been in a situation where I was with a woman, back at her place, and at the very last minute she goes &#8216;stop, I can&#8217;t do this&#8217;. She had invited me back to her place, I don&#8217;t think she was drunk, and I don&#8217;t think she was naive. She invited me back to her place for one simple reason(and it wasn&#8217;t a mixed message!). Then for whatever reason she changed her mind. When I say the last minute, I mean the last minute. I stopped. I&#8217;m your proverbial red-blooded male, so it wasn&#8217;t easy, but I did. Are you saying that had I ignored her very definitive &#8216;no&#8217; and forced my self on her, I would have been been within my rights?</p>
<p><strong>[Daphne &#8211; It&#8217;s so sad that legalisms have come to regulate intimacy between men and women, don&#8217;t you think? It&#8217;s like a nightmare world dreamed up by Ben Elton.]</strong></p>
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		<title>
		By: Steve		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16717</link>

		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Mon, 27 Oct 2008 15:47:43 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16717</guid>

					<description><![CDATA[Daphne- Ok, so not only did she not change her mind, but she said no before! That, I didn&#039;t know. Yes, I agree she was stupid to go down to the beach with these men, but as Stanley rightly said she&#039;s guilty of being stupid (and being drunk), and not guilty of a crime. Also, as Stanley rightly said, she probably expects that a no means a no, so didn&#039;t see the danger in going down to the beach with them when she&#039;s already said no. Stupid, yes, and very much so. It&#039;s still rape in my book!

[&lt;strong&gt;Daphne - Ask your women friends and relatives what they think. But be sure to tell them that she went down to the beach at night with a bunch of strange men who were asking her for sex.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>Daphne- Ok, so not only did she not change her mind, but she said no before! That, I didn&#8217;t know. Yes, I agree she was stupid to go down to the beach with these men, but as Stanley rightly said she&#8217;s guilty of being stupid (and being drunk), and not guilty of a crime. Also, as Stanley rightly said, she probably expects that a no means a no, so didn&#8217;t see the danger in going down to the beach with them when she&#8217;s already said no. Stupid, yes, and very much so. It&#8217;s still rape in my book!</p>
<p>[<strong>Daphne &#8211; Ask your women friends and relatives what they think. But be sure to tell them that she went down to the beach at night with a bunch of strange men who were asking her for sex.]</strong></p>
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		<title>
		By: Jack		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16716</link>

		<dc:creator><![CDATA[Jack]]></dc:creator>
		<pubDate>Mon, 27 Oct 2008 14:09:36 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16716</guid>

					<description><![CDATA[Ahh... bewildering court sentences.  Here is my two cents.

A few years ago, a man was sentenced to a four year old jail term for the rape of a woman.

During the summary court proceedings, it emerged that the alleged victim had known her assailant and that they had been actually dating for a few weeks.  Later on in the proceedings, the woman, pardoned the man and withdrew the complaint lodged to the police and which had given rise to the court proceedings. (Everyone is free to draw his/her own conclusions - but my personal view it does not sound like the typical behaviour of a rape victim).

In any case, although the alleged victim&#039;s complaint was withdrawn, since the alleged rape had been perpetrated in a public place, the police could prosecute ex officio.This left the prosecution in the uncomfortable position of seeking a jail term for the alleged perpetrator, when the alleged injured party had pardoned her agreement and had incidentally resumed her relationship with the accused.

The alleged perpetrator was found guilty but in passing judgment, the Court, having taken into consideration the pardon of the alleged victim, sentenced the accused to a four year term suspended for two years.

End of it? - No!

Immediately after judgement, the Attorney General appealed and successfully argued that a suspended sentence was not permissible for the offence of rape, or for any criminal offce which carries a jail term exceeding four years (the jail term for rape is 3 - 9 years).

The Court of Appeal reversed the judgment and sentenced the man to four years imprisonment.  The man is currently serving time.

He&#039;s Libyan by the way.]]></description>
			<content:encoded><![CDATA[<p>Ahh&#8230; bewildering court sentences.  Here is my two cents.</p>
<p>A few years ago, a man was sentenced to a four year old jail term for the rape of a woman.</p>
<p>During the summary court proceedings, it emerged that the alleged victim had known her assailant and that they had been actually dating for a few weeks.  Later on in the proceedings, the woman, pardoned the man and withdrew the complaint lodged to the police and which had given rise to the court proceedings. (Everyone is free to draw his/her own conclusions &#8211; but my personal view it does not sound like the typical behaviour of a rape victim).</p>
<p>In any case, although the alleged victim&#8217;s complaint was withdrawn, since the alleged rape had been perpetrated in a public place, the police could prosecute ex officio.This left the prosecution in the uncomfortable position of seeking a jail term for the alleged perpetrator, when the alleged injured party had pardoned her agreement and had incidentally resumed her relationship with the accused.</p>
<p>The alleged perpetrator was found guilty but in passing judgment, the Court, having taken into consideration the pardon of the alleged victim, sentenced the accused to a four year term suspended for two years.</p>
<p>End of it? &#8211; No!</p>
<p>Immediately after judgement, the Attorney General appealed and successfully argued that a suspended sentence was not permissible for the offence of rape, or for any criminal offce which carries a jail term exceeding four years (the jail term for rape is 3 &#8211; 9 years).</p>
<p>The Court of Appeal reversed the judgment and sentenced the man to four years imprisonment.  The man is currently serving time.</p>
<p>He&#8217;s Libyan by the way.</p>
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		<title>
		By: Mario Debono		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/justice-isn%e2%80%99t-blind-she%e2%80%99s-just-plain-dumb/#comment-16715</link>

		<dc:creator><![CDATA[Mario Debono]]></dc:creator>
		<pubDate>Mon, 27 Oct 2008 13:41:42 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=939#comment-16715</guid>

					<description><![CDATA[Daphne....superb article, maybe even groundbreaking. What perhaps we all forget is that Malta is so small, everyone knows everyone else.I have no doubt that there are more third party contacts between judges and those who are being judged, and I am sure that this happens mainly in civil, and not just the criminal, field. Something that may have escaped all and sundry is the fact that a magistrate was credited with being a Grand Master of a Masonic Lodge here in Malta. Now it is a basic tenet that brothers in a lodge have to help each other, no mater what. I happen to know one of the highest members of english freemasonery, also a judcant, who told me clearly that even in judicial circumstances, they are bound to help their brother if he is in the dock. How about if the juduciary had to come clean and state who of its members is a Freemason? I have lost a case aganst someone, whom I have heard is a freemason. There was no way he could have won the appeal, but he did. This old boy network in Malta works. It permeates even political divisions. At the risk of being pronounced a conspiracy theorist, I would like to hear everyone&#039;s views on the subject.]]></description>
			<content:encoded><![CDATA[<p>Daphne&#8230;.superb article, maybe even groundbreaking. What perhaps we all forget is that Malta is so small, everyone knows everyone else.I have no doubt that there are more third party contacts between judges and those who are being judged, and I am sure that this happens mainly in civil, and not just the criminal, field. Something that may have escaped all and sundry is the fact that a magistrate was credited with being a Grand Master of a Masonic Lodge here in Malta. Now it is a basic tenet that brothers in a lodge have to help each other, no mater what. I happen to know one of the highest members of english freemasonery, also a judcant, who told me clearly that even in judicial circumstances, they are bound to help their brother if he is in the dock. How about if the juduciary had to come clean and state who of its members is a Freemason? I have lost a case aganst someone, whom I have heard is a freemason. There was no way he could have won the appeal, but he did. This old boy network in Malta works. It permeates even political divisions. At the risk of being pronounced a conspiracy theorist, I would like to hear everyone&#8217;s views on the subject.</p>
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