Penis size used as defence in trial

Discussion in 'New Member Introductions' started by hugefan, Oct 31, 2005.

  1. hugefan

    hugefan Member

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    From: http://torontosun.com/News/OtherNews/2005/...283746-sun.html

    Penis size used as defence in trial
    Accused claims he's too large to have committed sexual assault

    By TRACY MCLAUGHLIN, SPECIAL TO THE SUN

    NEWMARKET -- A Superior Court judge must decide whether to believe a 21-year-old accused who says he could not have committed a sexual assault because his penis is too big.

    Mischa Beutling, a second-year engineering student at McMaster University in Hamilton, has pleaded not guilty to sexual assault on a friend who spent the night with him after partying at a Barrie bar during study week in February 2004.

    Earlier in the trial, which has been in and out of court for months, a urologist testified that Beutling's penis is in the top 5% range for size in comparison to the doctor's other patients.

    PLASTIC MODEL

    The urologist showed the court a plastic model of a penis approximating the accused's member at a semi-relaxed state, which measured 8 1/2 inches in length and 6 1/2 inches in girth.

    He said a woman who has not given birth might have discomfort or tearing if she had intercourse with a penis that size, especially if she was not sexually aroused.

    But Crown attorney Bhavna Bhangu scoffed at the account, noting that Beutling's reference to his size as a "two-by-four" is an exaggeration compared to the size of the plastic model.

    "It's hardly a two-by-four," she said. She also noted that he has never actually measured himself.

    Bhangu also said the "size theory" was never put to the complainant on the witness stand for her account.

    TRAUMATIZED

    Bhangu said the woman was traumatized when Beutling, who is 6-foot-7 and 240 pounds and who she believed was her close friend, forced himself on her.

    Justice Margaret Eberhard must weigh the evidence, including the plastic model. A verdict is expected next month.
     
  2. robertomuro

    robertomuro New Member

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    Well thats a unique defence but I don't think it's enough to create reasonable doubt unless she failed to mention the size at all or something like that..
     
  3. mred

    mred New Member

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    Some years ago when I was in college and reading National Lampoon they occassionally had a section called "True Stories" (I think I got the title right) that was supposed to be actual news events that were odd. One was about a guy in Florida who was accused of raping a woman; she even picked him out of the police line-up. During the trial she was asked to describe the man's penis. She described it as about 4.5" and thin. The guy leaned over to his lawyer who then approached the bench with the prosecuting attorney. The two lawyers, the defendant, and the judge went into the judges chambers. A few minutes later they all came out and the judge dismissed the charges. The defendant had a 9" penis.

    At least that's what I remember of the story.
     
  4. jumbo747jet

    Staff Member Moderator Gold Member

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    One can only hope the trial doesn´t end with a hung jury ...
     
  5. jonb

    Gold Member

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    Wow, those crazy Canadians. What'll they think of next? I don't know. ::gets covered in slime::

    Sorry, but that was too easy.
     
  6. MASSIVEPKGO_CHUCK

    MASSIVEPKGO_CHUCK Well-Known Member

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    That Judge'll do anything to hold somebody elses' cock and ball in her hands besides her husband's!

    Are we sure this is an accaurate story and not some tabloid rag bullshit?
     
  7. Donk

    Donk New Member

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    I have no doubt it is true because this is actually far from the first time that the "endowment defense" has been used in a rape case. You can actually find discussions of such defenses in reported court opinions. It makes sense when you think about it since there are a couple of ways it can come into play: 1. Consensual sex with a large penis can cause minor vaginal injuries (minor tears, etc.) that are also consistent with forced sex with a smaller penis. 2. If a rape victim describes her attacker's penis as small/average, a very large penis can be evidence she has ID'ed the wrong man.

    I once read a (horrible) novel by O.J. lawyer Alan Dershowitz called "The Advocate's Devil" in which the "endowment defense" was a plot point. A pro basketball player is accused of date rape. When the player tells his defense attorney that he has a large penis, the attorney suggests using that as a defense, but then the player backs down from actually letting a doctor measure his penis, with the suggestion that he was really small. The book was fiction, but probably based at least somewhat on real cases.
     
  8. LuckyLuke

    LuckyLuke New Member

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    Given that the Toronto Sun is the biggest tabloid rag shit in Canada, it is entirely possible either way.
     
  9. Steve26

    Gold Member

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    Maybe I am revealing my own naivete (as well as my total lack of experience with forced sex), but with my girth I've honestly always doubted I'd be physically able to rape a woman. Given that it takes some work to fit myself inside even a willing and fully aroused partner, I'm not quite sure how I would manage to force my way into a woman who was not aroused/wet and who was actively resisting me. And I'm pretty sure it would hurt me as much as her!

    Steve
     
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