Now, this is a rare rape case. The female defendant is accused of raping a man in front of witnesses with a sex toy and then admits to the penetration but insists that it was a joke. That is the case of stripper Maree Naggs who was arrested after a “buck’s party” (bachelor party) in Australia.
Naggs told police “it was just a joke” after the victim (the best man) complained that he had been violated and threw her out of the party. Yet, this presents a novel problem for prosecutors. The alleged victim joined Naggs who put on the pink strap-on toy — though he says that he discouraged her. She is clearly arguing that she assumed consent in this environment. Yet, penetration is a classic definition of rape when done without consent.
He would also have a claim for assault and battery under torts for such a case — as well as negligence. He could even claim vicarious liability by respondeat superior against her employer — a rare battery within the scope of employment.
Naggs has pleaded not guilty.
For the full story, click here.
Such a wonderful creation! I’m so pleased to find your blog!
I hereby propose that the name of this blog be renamed “Jonathan Turley’s WTF?”
“Couldn’t he have, you know, pushed her away or something?”
Mojo,
You left handcuff $35 off of your list. The issue could then get down to whether he donned them voluntarily. Your comment and the satire therein though, was priceless and I can see the commercial in my mind’s eye now.
The man doth protest too much, methinks …
Booze – $300
Stripper – $500
Strap-on – $50
A night being sodomized by a woman who is hired specifically to commit degrading public acts … priceless.
Couldn’t he have, you know, pushed her away or something?
I kinda have to side with Mike A.
When you take your pants off, things happen. If you don’t want to make friends “inappropriately” then you should keep them on. I say the removal of the pants constitutes assumption of risk in that environment.
I have never been to a bachelor party in my life and I’ve been best man at four weddings. Who does this nonsense in the first place? I’ve seen it portrayed on TV and in the movies, but it all seems so silly. Have I and a few friends gone out for dinner and drinks with the Groom, sure, but it’s never been anything resembling that and to be honest with you I would have left if it were. As people here know I’ve done my share of partying in my youth, but then too I’ve never been to a strip club, seen a striptease except in a movie, or been with a prostitute. All of that seemed and seems like the antithesis of sex. I’m not against it, nor should it be illegal, I just think it is silly.
Now this case at hand is a difficult one because he did say no. However, she in the general “fun”(?)of the party may have been led to believe it was okay. It seems to be a terrible misunderstanding and I can’t see how it gets fairly resolved. I will say that once she started and assuming he protested, where were his friends to stop it and if they didn’t what kind of friends are they? This whole young man thing that has been foisted on young men by TV and the movies needs to end. I think the portrayal is far from the norm and unfortunately with youth they sometimes absorb the wrong ideas from what they see.
Ha, that’s a funny joke, sticking something in the anus of someone who doesn’t want it there. It’d be even funnier if it was a man and another man, or a man and a woman…
Plus he was asking for it, dressing like that.
From Led Zeppelin’s “In Through the Out Door”:
http://www.youtube.com/watch?v=YGLDZJZbZDE
“So don’t you let her, oh, get under your skin”
I don’t know anything about Australian negligence law, but if this were a U.S. case, I would bet that the gentleman is simply setting up a personal injury action. However, had I been on the receiving end under similar circumstances, I would most likely have kept the entire incident to myself. After all, I assume that the gentleman’s pants had been removed before the occurrence. What is his explanation for his disrobed state? My guess is that he prefers doing the penetrating and that his expectations were unfulfilled, an insult to his macho image of himself.
caveat emptor
From linked article: “The alleged victim told the Victorian County Court today he urged stripper Linda Maree Naggs not to put the pink strap-on dildo into his anus and was shocked when she did.”
I can’t vouch for how shocked he was but “no” is “no”. It should be an interesting trial. I haven’t had any real experience with stag/bachelor parties but considering what I’ve heard over the years if I were again getting married I wouldn’t begrudge the husband-to-be a bachelor party but I’d insist on a full health/std checkup for him afterward 🙂
AY,
A penetrating analysis.
Come on Bucko you were at a Stag party. You were embarrassed and thats it. Get over your Homophobia. The problem is he probably got kidded about it and now is crying like a baby.