I've been reading about the NRL not officially recognising Mick Jennings 300th game based off a letter from buzz Rothfeild .
Jennings wife claims he raped her on a number of occasions , my understanding is that a civil court needs much less proof and evidence to find someone guilty.
Can anyone with law knowledge explain how this civil matter would of been handled and what level of proof and evidence was required to find Jennings guilty , why didn't the wife go to the police would also be a fair question to ask .
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The evidentiary burden in Civil cases is ' on the balance of probabilities' which essentially means a 51% probability something occurred. Criminal burden as most people know is beyond reasonable doubt - much higher standard of proof. I'm not sure if she ever went to police and they decided insufficient evidence to prosecute.
One reason why criminal proceedings may not have been brought is the statue of limitations. I believe it's 6 months for a criminal matter but the limitation for a civil case is much more fluid and runs from when the Plaintiff ' discovers' she has an injury including psych injury as a result of the rape.
So would it be fair to say that the judge just made a decision based on hunch ?
So does this mean that any woman can accuse a ex partner of rape with little proof and evidence and be awarded damages ?
Why did Brittany Higgins get a 2.5 million payout from the government in a couple of days when the bloke she accused of rape wasn't found guilty. The people paid for that.
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Easy to know why Higgins got paid 2.5 million was because it happened under a coalition government ,Albos Atturny General coulded pay it quick enough,shows how corrupt the labour government is.
Did you watch that episode of the Channel 7 show Spotlight on the Higgins alleged rape? I can't remember the exact figure but I believe they said that incident has cost the Australian tax payer $6.9 million.
Well not just a hunch there would need to be an evidentiary basis however it's probably open in a civil case for a Judge to simply prefer the evidence of the Plaintiff over the Defendant and find for her on that basis. Usually there might be some other evidence such as medical records.
So as men we are living in a world were whatever a woman accuses a man of he is pretty much guilty regardless of evidence .
In Australia, there are no statutes of limitation in criminal proceedings if the maximum penalty for an offence committed by an individual is imprisonment for more than six months.
Frankie or Michael,
I don't get it. If the NRL had issues with Jennings why let him play again? Why pretend or ignore the facts.
Fact is: He is playing his 300th.
Hopefully, the Roosters do something for him.
Personally, I don't know all the ins and outs of his legal issues with his former spouse or whatever. But, I'm glad he's back and playing. Good luck to him. As humans, we all are entitled to work and earn a crust and be respected.
I don't agree that Jennings should not have his milestone celebrated in the same way that I don't agree with the action by Parramatta and the NRL who have completely whitewashed Jarryd Hayne from the history books and pretend he never played the game at any level.
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