I'm more than a little mind-boggled by this report from Australia.
Klay Holland, 32, faced the Supreme Court of Victoria on Tuesday when he was sentenced to eight years' imprisonment, with a non-parole period of four years and 10 months.
Holland's victim, Shane Cox, had broken into a unit in Melton in Melbourne's west in March 2021 armed with a knife and wearing a mask.
He had asked for money and drugs, and was allegedly linked to others who had gone to the home to stand over a resident.
Mr Cox, 36, who was high on methylamphetamine, was overpowered by Holland who was a guest at the home.
Mr Cox was beaten with a baseball bat and was incapacitated on the floor, where Holland then raped him.
His body was found at the scene under a pile of blankets a day later by police, who arrived at the property on an unrelated matter.
There's more at the link.
I gather the court decided Mr. Cox's death was not caused by any particular action on the part of the defendant, but that his rape went a long way over the line of legitimate self-defense. Dare I suppose that they're a bit anal about that, Down Under . . . ?
Peter
With Cox dead how did the court know it wasn't consensual? /sarc
ReplyDeleteGiven how hostile those courts are to self defence I'm surprised they let the manslaughter charge go.
So everyone indulged in some unlawful entry?
ReplyDeleteI heard Cox was fired from his job... Seemed he was always ...getting behind... in his work...
ReplyDeleteIf getting raped was an actual viable risk criminals faced for their activities I suspect the crime rate might actually drop. This incident, while bizarre, is an outlier.
ReplyDeleteI thought the government was supposed to stay out of our bedrooms!
ReplyDeleteOne way or another, there is always something that will get you in the end.
ReplyDeleteIn Holland's defense, Cox's recidivism rate is still 0%.
ReplyDeleteAnd, seriously...Oz is punishing a homosexual rapist by putting him in prison?
"Oh no, Br'er Bear, please don' trow me in dat dere Briar Patch!"
And BTW, if Cox was dead, how did they determine Cox was unconscious when the sex happened, or that it was non-consensual?
ReplyDeleteI'm serious about that one.
Unless Holland confessed, they have nothing but circumstantial evidence.
And how did police "find" a dead body "under a pile of blankets" a day later, "on another matter"?
So many questions...
Hi Aesop,
ReplyDeleteGiven that "unconscious" will be "unconscious but not dead yet" we then have some scope for determining what happened as part of a post mortem examination.
Unlike a vagina, an anus doesn't have any self-lubrication and is only designed for outbound traffic. The walls of the colon are also much thinner and are more prone to tearing. The resulting bleeding is a common occurrence in anal sex, especially if artificial lube is not used. Given the feelings towards the (first) 'invader' the use of lube may have been forgone in the heat of the moment.
It's worth noting that this bleeding, and the intermixing with adjacent fecal matter, is a massive disease vector that is unique to the homosexual community. They really don't like to talk about it, in addition to the smell.
So, if the victim is alive then the heart is beating and there is blood circulation happening. Wounds will then have an associated blood loss. This can be observed upon inspection and further investigation can track down the source of these which then gives away the likely cause.
Another possibility was that the victim was alive and also conscious, but unable to resist due to the incapacitating injuries and pain.
Not the most glorious end, you might say.
Someone complained about the smell…
ReplyDeleteIt does seem that Mr. did go WAY over the line. One nagging question for me is where the heck did an Aussie get a baseball bat? A cricket bat maybe... I do note that the article says "In March, a jury convicted Holland of one charge of rape, but he was found not guilty of manslaughter." So good on the jury I think they chose wisely.
ReplyDeleteWell, that's a bit of a bugger to explain...
ReplyDelete@Andrew,
ReplyDeleteThat's all well and good, but they'd find the exact same evidence with consensual relations. So absent a confession by Holland, they're still a wee bit short of any legal basis for charging anyone with rape.
The law is generally kind of funny about that whole "proof" thing, IIRC.
The ripped colon might've been a hint. Also the fact that he was dying as he was penetrated.
DeleteA baseball bat? Australians do not play baseball, so in Australia a baseball bat has No Legitimate Sporting Purpose.
ReplyDelete