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Scottish Tourist's Sexual Assault Claim Disputed: Thailand


webfact

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They have just arrested someone who has confessed to to twice raping the girl. Sorry, but it is in Thai.

http://www.matichon....atid=&subcatid=

I just translated it... I'm kinda laughing at the translation...

Reported STM on February 20, 2556 at 8:00 pm at the district police station. Province. Maj. Gen. Lt. equipment ผbk.p.hw. Sai Chai's Thai police colonel Junction Arizona Forest Health Hero vice ผbk.p.hw. Pol.Col Compatibility and Fri. Health Tip ray ผkk.sp. York City. Mr Pat Boone has taken me 26 years old Sosa, who is number 25 Soi Sai 1 Road Ebyhm prosperity - Royal House Tan Pho, Muang District, Nakhon Si Thammarat.Miss Amanda is accused of rape and taught English Caledonian Hotel Naples to keep hurt and destroyed the second floor balcony of a commercial row building. Robinson Ocean Side warehouse district, Muang District, Nakhon Si Thammarat. Out of hot water, which is why the city of Vientiane at 05:00 AM on Feb 15, 2556 ago.

Preliminary investigation of Mr Pat pleaded guilty to a real rape. As a condition of Ms. Amanda Mount. So pull up to Miss Amanda raped a second time until orgasm. The plan will lead to a confession, and the afternoon will be taken to investigate Ms. Amanda again.

Maj. Gen. Lt. unit, said preliminary autopsy results from the medical encounter. sand in your vagina. It is believed that the rape of the area. The witness is the way the city Ewiir card Monday that Mr Pat and visit often to see how the top of the building. However, I need to double check that the semen stain matched or not. Progress will be reported again.

"Miss Amanda is accused of rape"

So this is saying that Amanda is the actual rapist and not the raped.

Yes, the clearly gibberish translation has implied that. Very astute of you to find that.

What did you make of "sand in your vagina"?

I think that happened when the clumsey idiots dropped her virgina in the sand during her autopsy.

"preliminary autopsy results from the medical encounter. sand in your vagina"

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BBC Radio 4 reported 3 minutes ago that the girl could not identify the accused as her assailant as she was too drunk and she has asked to be put on a plane back home.

BBC also made a point of saying that although one person had confessed to the alleged rape she had earlier stated that four men attacked her.

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FYI, Just at the end of the Thai version it says that security at the place where she was refused entry know the accused as he visits the place regularly. He also saw the accused going up to the 2nd floor of the adjacent building where the alleged incident took place.

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Whatever happened, I am skeptical of The BIB, and they have a significant history of trying to make things that make Thailand look bad either go away, or blame the foreigner. It will be interesting to see what comes our. Anyone care to remember some events in Kanchanaburi, Pai, Chiang Mai and Koh Samui to name a few?

She did not have a clue what had happened or what was going on, and they were saying I was still drunk, but she remembers two of her attackers clearly?

The girl’s boyfriend and her were living out of each other’s pockets. So how was she managing to support herself in Thailand and to find money for her night out on the binge?

The girl was out clubbing, in a state of drunkenness with other groups of people. Who are her alleged friends and where are their statements? Her boyfriend was not on the scene, she claims.

Even if it is proven that sex took place, this does not mean the woman was raped. Remember, she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on.

Too many ifs, buts and maybes in this story and if I were the police, I too would not take this woman’s statements as credible until a thorough investigation has been completed, but as usual the Western media have assumed 100% that her statement is factual because this event took place in Thailand.

In the UK and the US, if you are too intoxicated to give proper consent, then it is STILL A SEXUAL ASSAULT/RAPE.

This brought up some research on my part. found this interesting.

Perhaps, the most shocking feature of the rape law in Thailand is the fact that the Penal Code, by Section 281, provides that unless a rape offence is committed in the presence of third parties or the commision of the offence results in death or grievous bodily harm, it is a "compoundable" offece. This means that the parties can compromise and charges can be dropped by paying compensation.

Thailand has a very narrow definition of a rape offence. A man is said to have committed rape if he has sexual intercourse with a female person who is not his wife and the act is carried out by threat or use of force *Section 276 of the Thailand Penal Code. The act of "sexual intercourse" has consistenly been interpreted by courts to cover only cases where there is a penile penetration of the vagina. All other sexual acts such as forced oral sex, sodomy and forcible penetration by other means are classified as indecent assaults with a lighter penalty.

So I know when they amended the law around 2007, they changed it to include a verse about martial rape and that rape can be a woman vs woman, man vs man etc. DOES ANYONE ELSE know the details of the penal code?

Many innocent men in the West have been accused of rape by intoxicated women, have been charged and found guilty, in some cases have even served timed and later on the woman has either admitted that she had fabricated the story in an attempt to protect her own reputation or has been proven to have given mis-information and lied. Certain sports celebrities come to mind.

If our boys in brown are going to complete an in-depth investigation and not take the alleged rape victim’s accusations at first as literal, than that’s a good thing and also extremely fair to the alleged perpetrators of this crime who also do not deserve a trial by the Western media and given a just hearing.

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Whatever happened, I am skeptical of The BIB, and they have a significant history of trying to make things that make Thailand look bad either go away, or blame the foreigner. It will be interesting to see what comes our. Anyone care to remember some events in Kanchanaburi, Pai, Chiang Mai and Koh Samui to name a few?

Even if it is proven that sex took place, this does not mean the woman was raped. Remember, she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on.

In the west we would consider her to have been incapable of providing informed consent i.e. raped.

Not quite true ... deciding to drink yourself into a drunken state doesn't generally excuse you of the choices you make when you put yourself in this drunken state. Although I am sure many people wish to take back decisions they make when they are drunk, including drunk driving, it generally is not an option.

example: http://www.telegraph...udges-rule.html

Mine was not a general comment on the issue but a reply to another poster. That poster said that "she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on".

If a person is so drunk they don't know what is going on IMO they are past the point where they can give informed consent.

Are most people drunk on this site?

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Perhaps, the most shocking feature of the rape law in Thailand is the fact that the Penal Code, by Section 281, provides that unless a rape offence is committed in the presence of third parties or the commision of the offence results in death or grievous bodily harm, it is a "compoundable" offece. This means that the parties can compromise and charges can be dropped by paying compensation.

Compoundable offense in this scenario simple means it cannot be investigated or charged without the victim's consent. In other words, it simply means if the victim chooses not to claim rape then the police can do nothing. Yes, the victim can do this for many reasons including financial gain but that would be the victims choice to pursue financial gain over seeing the attacker punished. I believe the same is true in most of the west where a women may pursue civil action against a rapist but choose not to report the crime to the police and/or cooperate with the police. I suppose in the west, such as the US, the police have vast powers to force people to pursue charges and force testimony from people they label as victims but it would be rare except in cases of domestic violence where the law does specifically allow for prosecution even if the alleged victim says they are not a victim.

Personally, I think the most shocking thing about Thailand when it comes to rape is that the victim's identity may be reported. This alone would make many women in any part of the world choose not to report the crime.

Section 276
Whoever has sexual intercourse with a woman, who is not wife, against her will, by threatening by any means whatever, by doing any act of violence, by taking advantage of the woman being in the condition of inability to resist, or by causing the woman to mistake him for the other person, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht.

If the offence as mentioned in the first paragraph is committed by carrying or using any gun or explosive, or participation of persons in the nature of destroying the woman, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life.
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Whatever happened, I am skeptical of The BIB, and they have a significant history of trying to make things that make Thailand look bad either go away, or blame the foreigner. It will be interesting to see what comes our. Anyone care to remember some events in Kanchanaburi, Pai, Chiang Mai and Koh Samui to name a few?

She did not have a clue what had happened or what was going on, and they were saying I was still drunk, but she remembers two of her attackers clearly?

The girl’s boyfriend and her were living out of each other’s pockets. So how was she managing to support herself in Thailand and to find money for her night out on the binge?

The girl was out clubbing, in a state of drunkenness with other groups of people. Who are her alleged friends and where are their statements? Her boyfriend was not on the scene, she claims.

Even if it is proven that sex took place, this does not mean the woman was raped. Remember, she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on.

Too many ifs, buts and maybes in this story and if I were the police, I too would not take this woman’s statements as credible until a thorough investigation has been completed, but as usual the Western media have assumed 100% that her statement is factual because this event took place in Thailand.

In the UK and the US, if you are too intoxicated to give proper consent, then it is STILL A SEXUAL ASSAULT/RAPE.

This brought up some research on my part. found this interesting.

Perhaps, the most shocking feature of the rape law in Thailand is the fact that the Penal Code, by Section 281, provides that unless a rape offence is committed in the presence of third parties or the commision of the offence results in death or grievous bodily harm, it is a "compoundable" offece. This means that the parties can compromise and charges can be dropped by paying compensation.

Thailand has a very narrow definition of a rape offence. A man is said to have committed rape if he has sexual intercourse with a female person who is not his wife and the act is carried out by threat or use of force *Section 276 of the Thailand Penal Code. The act of "sexual intercourse" has consistenly been interpreted by courts to cover only cases where there is a penile penetration of the vagina. All other sexual acts such as forced oral sex, sodomy and forcible penetration by other means are classified as indecent assaults with a lighter penalty.

So I know when they amended the law around 2007, they changed it to include a verse about martial rape and that rape can be a woman vs woman, man vs man etc. DOES ANYONE ELSE know the details of the penal code?

Many innocent men in the West have been accused of rape by intoxicated women, have been charged and found guilty, in some cases have even served timed and later on the woman has either admitted that she had fabricated the story in an attempt to protect her own reputation or has been proven to have given mis-information and lied. Certain sports celebrities come to mind.

If our boys in brown are going to complete an in-depth investigation and not take the alleged rape victim’s accusations at first as literal, than that’s a good thing and also extremely fair to the alleged perpetrators of this crime who also do not deserve a trial by the Western media and given a just hearing.

And for what ever twisted statistics are in your head there are 10X AS MANY WOMEN THAT DID NOT REPORT A SEXUAL ASSAULT BECAUSE THEY FEARED the repercussions etc. Police collect evidence and present it to the Prosecutor's office,

POLICE ARE NOT JURIES OR JUDGES AND SHOULD NEVER ACT AS ONE! If a guy can be kept in this country for 3 years because of false claims of property damage and countless appeals. This women deserves at least one day in court, and if she is lying then it will come out and dealt with then.

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Perhaps, the most shocking feature of the rape law in Thailand is the fact that the Penal Code, by Section 281, provides that unless a rape offence is committed in the presence of third parties or the commision of the offence results in death or grievous bodily harm, it is a "compoundable" offece. This means that the parties can compromise and charges can be dropped by paying compensation.

Compoundable offense in this scenario simple means it cannot be investigated or charged without the victim's consent. In other words, it simply means if the victim chooses not to claim rape then the police can do nothing. Yes, the victim can do this for many reasons including financial gain but that would be the victims choice to pursue financial gain over seeing the attacker punished. I believe the same is true in most of the west where a women may pursue civil action against a rapist but choose not to report the crime to the police and/or cooperate with the police. I suppose in the west, such as the US, the police have vast powers to force people to pursue charges and force testimony from people they label as victims but it would be rare except in cases of domestic violence where the law does specifically allow for prosecution even if the alleged victim says they are not a victim.

Personally, I think the most shocking thing about Thailand when it comes to rape is that the victim's identity may be reported. This alone would make many women in any part of the world choose not to report the crime.

Section 276
Whoever has sexual intercourse with a woman, who is not wife, against her will, by threatening by any means whatever, by doing any act of violence, by taking advantage of the woman being in the condition of inability to resist, or by causing the woman to mistake him for the other person, shall be punished with imprisonment of four to twenty years and fined of eight thousand to forty thousand Baht.

If the offence as mentioned in the first paragraph is committed by carrying or using any gun or explosive, or participation of persons in the nature of destroying the woman, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life.

Ok thanks for the clarification and I am shocked by there not being and rape-shield laws here either. I do not like it when some-one falsely accuses someone of rape and destroys an innocent persons life, but even with these rape-shield laws, a small fraction of sexual assaults and rapes are reported by the victim, it would be significant lower without them.

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They have just arrested someone who has confessed to to twice raping the girl. Sorry, but it is in Thai.

http://www.matichon....atid=&subcatid=

Kind of refutes all the expat Thai expert posts that perps have connections, BIB don't care if foreigner attacked blah, blah - same posts when two Russian women were attacked & raped in Pattaya last month, low & behold BIB did arrest & charge the attackers

Actually crimes like this usually follow the same formula. Influential person or family member does something illegal. Victim complains to police. Victim is identified by name and picture in trial by media. The witnesses also being identified in the media very loudly deny seeing anything. When the media is convinced the victim is lying then some peasant is then "discovered" to be the perpetrator. Police look good. Society has the ideas that poor people are bad and Police are good reinforced and the stupid foreigners get what they deserve.

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Even if it is proven that sex took place, this does not mean the woman was raped. Remember, she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on.

In the west we would consider her to have been incapable of providing informed consent i.e. raped.

Not quite true ... deciding to drink yourself into a drunken state doesn't generally excuse you of the choices you make when you put yourself in this drunken state. Although I am sure many people wish to take back decisions they make when they are drunk, including drunk driving, it generally is not an option.

example: http://www.telegraph...udges-rule.html

Mine was not a general comment on the issue but a reply to another poster. That poster said that "she was too drunk and not fully in comprehence of her senses to really know what she was doing or what was going on".

If a person is so drunk they don't know what is going on IMO they are past the point where they can give informed consent.

Are most people drunk on this site?

Probably but .... Being unconscious is one thing but choosing to get high or drunk and then agreeing to have sex with somebody is something very different. For those of us who have drank too much in our youths, we have probably all woken up with somebody who we would never be caught dead with while sober ... it doesn't mean we can cry rape in the morning because she was ugly, obese and 20 years our senior and took advantage of us because we allowed ourselves to get drunk.

None of this though is probably relevant in this case since it appears the women was not unconscious and if I recall correctly a neighbor heard what they thought was fighting and the women is reported to have injuries and the women claims their was no consent or implied consent but that she was screaming.

What may be relevant is if she initially gave consent but then revoked consent. Not sure how the law works here in such an event but there is nothing to suggest this happened either but I think it more plausible than her wanting to have sex and then regretting it or her being incapable of providing consent.

Bottom line is too many inconsistencies, holes in the reporting and unanswered questions to know what happened at this point.

Edited by Nisa
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Have no factual info on the ladies complaint, but it does seem that the BIB are not real sympithic toward foreign complaints against local talent in this regard. It would appear the witnesses that are referred to saw nothing, so why they are even called witnesses by the police is beyond me.

Interesting. If she has done a false accusation, she should in fact be thrown in jail. Or.......the police

are coming up with a bizarre form of damage control by denying everything. Love the " witnesses did not

see anything" style of defense. So I guess I could be on that list, since I did not see anything either.... :-)

If you are in the immediate vicinity of a crime at the relevant time and you hear/see nothing then your evidence is important, as it could be useful in deciding whether the crime was committed or not.

In those circumstances a person who hears or sees nothing is a valuable witness.

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If you are in the immediate vicinity of a crime at the relevant time and you hear/see nothing then your evidence is important, as it could be useful in deciding whether the crime was committed or not.

In those circumstances a person who hears or sees nothing is a valuable witness.

You are right. It was exactly this type of witnesses that saved the rear end of the son of a certain high ranking politician.

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BBC Radio 4 reported 3 minutes ago that the girl could not identify the accused as her assailant as she was too drunk and she has asked to be put on a plane back home.

BBC also made a point of saying that although one person had confessed to the alleged rape she had earlier stated that four men attacked her.

Sounds like we'll never know what happened and the only thing concrete that can be learned from this if you are going to get so drunk as to lose parts of your memory of the evening then you shouldn't be alone, especially when in a less developed foreign country. No excuse for (if) anybody taken advantage of you in this state but we certainly can all take reasonable steps to avoid being a victim as it is a reality that bad people exist all over the world and they target easy prey ... especially in the middle of the night. If anyone raped this young lady then they need to be prosecuted but it is just mind boggling to me that so many people come here and behave in ways they probably wouldn't in their own country.

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If you are in the immediate vicinity of a crime at the relevant time and you hear/see nothing then your evidence is important, as it could be useful in deciding whether the crime was committed or not.

In those circumstances a person who hears or sees nothing is a valuable witness.

And if you were in the immediate vicinity of an alleged crime at the relevant time and you claim to have heard/saw nothing and then it turns out there in fact was something to hear/see which you should have heard/seen if your account was correct then your integrity as a witness is highly questionable.

It might just be that they weren't around in the early morning (after 3am) when the incident occurred - people do go to bed at some point. In that case the previous reports should have indicated what time they left instead of suggesting that they were present throughout the period prior to her being discovered distraught.

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Ok thanks for the clarification and I am shocked by there not being and rape-shield laws here either. I do not like it when some-one falsely accuses someone of rape and destroys an innocent persons life, but even with these rape-shield laws, a small fraction of sexual assaults and rapes are reported by the victim, it would be significant lower without them.

It appears others are taking up this issue too... http://asiancorrespondent.com/98450/thailand-gang-rape-scottish-student-media/

Not only named her but they also ran a picture of her with her student ID card.

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1) Why would she lie ? She's not so serious teacher or just so stupid according to her young age !

2) It's serious the accusation she pointing. Why would she lost her job and her livelihood there ?

3) Or maybe, as they said her boyfriend gone back directly the room because he tired, she gone later after she more drunked. Maybe she had sex with another and don't want her boyfriend know it and pretext it was a rape under alcohol that she not agree !!

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Is there supporting medical evidence of rape?

A gang rape typically isn't a benign process.

Not the first time a woman has alleged rape to cover up something but not the first gang rape either. If medical evidence, genuine medical evidence, disproves her story she deserves to be handcuffed to Chalerm for 6 months and forced to listen to his " If I ruled the world " nonsense

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At the risk of feeding the TV anti-teacher lobby, I would add that Radio 4 reported that the lady in question was in Sri Thammarat looking for a job as a teacher!

Better she spends her Friday and Saturday nights on Britains high streets (or maybe my Isaan village - shed be right at home thererolleyes.gif )

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this was written in thai and translated by google;

Reported STM on February 20, 2556 at 8:00 pm at the district police station. Province. Maj. Gen. Lt. equipment ผbk.p.hw. Sai Chai's Thai police colonel Junction Arizona Forest Health Hero vice ผbk.p.hw. Pol.Col Compatibility and Fri. Health Tip ray ผkk.sp. York City. Mr Pat Boone has taken me 26 years old Sosa, who is number 25 Soi Sai 1 Road Ebyhm prosperity - Royal House Tan Pho, Muang District, Nakhon Si Thammarat.Miss Amanda is accused of rape and taught English Caledonian Hotel Naples to keep hurt and destroyed the second floor balcony of a commercial row building. Robinson Ocean Side warehouse district, Muang District, Nakhon Si Thammarat. Out of hot water, which is why the city of Vientiane at 05:00 AM on Feb 15, 2556 ago.

Preliminary investigation of Mr Pat pleaded guilty to a real rape. As a condition of Ms. Amanda Mount. So pull up to Miss Amanda raped a second time until orgasm. The plan will lead to a confession, and the afternoon will be taken to investigate Ms. Amanda again.

Maj. Gen. Lt. unit, said preliminary autopsy results from the medical encounter. sand in your vagina. It is believed that the rape of the area. The witness is the way the city Ewiir card Monday that Mr Pat and visit often to see how the top of the building. However, I need to double check that the semen stain matched or not. Progress will be reported again.

http://www.matichon.co.th/news_detail.php?newsid=1361330917&grpid=03&catid=&subcatid=

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1) Why would she lie ? She's not so serious teacher or just so stupid according to her young age !

2) It's serious the accusation she pointing. Why would she lost her job and her livelihood there ?

3) Or maybe, as they said her boyfriend gone back directly the room because he tired, she gone later after she more drunked. Maybe she had sex with another and don't want her boyfriend know it and pretext it was a rape under alcohol that she not agree !!

In another media report the alleged victim is quoted that her BF was in BKK at the time of the assault and was annoyed the police were questioning her about said BF. Also claims she is upset that to date her BF has been unable to obtain a visa to visit the UK.

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What do they do at The Nation all day?

"All said they had not anybody threatening or attacking her."

or is it just me who needs to go back to school?

yeah I noticed the error also. I thought articles are meant to be proof read before being published?

The Nation fired most of its sub-editors, i.e proofreaders, a few years ago to save money. The dire results are seen in every edition.

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I knew this story didn't add up from the start and this just confirms the doubts I had reading the original story.

If the whole claim she is making is false and a lie then she should be ashamed of herself.

However I guess we all need to wait for the medical reports.

Well more than "ashamed of herself", she should be imprisoned, but that rarely happens. Most of the time women who make even proven and admitted false accusations are basically let off the hook, ie given a slap on the wrist and probation, required to get counseling, etc. Sometimes newspapers continue to shield their names despite the facts proving that they are the criminal and not the falsely accused, and despite the fact that the falsely accused men had their names dragged through the mud in the press. The woman who made the false accusation of gang rape in the Duke lacrosse team case had actually previously made a false accusation against a group of police officers. Because of rape shield laws that officially were supposed to prevent her name from being made public, this fact may have never seen the light of day, but because this case was so famous and thoroughly investigated by the national media, this fact came out. Men who are poor and accused or involved in not so famous cases would never have the benefit of their accuser's credibility being evaluated in the press, just like their own credibility, because of these unfair asymmetric laws.

Of course, the Duke false accuser (namely, Crystal Magnum) was not jailed for either of these crimes, she was coddled and let off the hook as "hysterical" or whatever, and told that she should feel "ashamed of herself", instead of being put in prison where she belonged. (Eventually she went to prison for murder, though).

Gang rape is a dramatic accusation, but I really dont think it happens very often. False accusations of it seem to, though.

Edited by froggerman
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Is there supporting medical evidence of rape?

A gang rape typically isn't a benign process.

Not the first time a woman has alleged rape to cover up something but not the first gang rape either. If medical evidence, genuine medical evidence, disproves her story she deserves to be handcuffed to Chalerm for 6 months and forced to listen to his " If I ruled the world " nonsense

Now that is harsh. Wouldn't it be more humane to simply hang her?
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Have no factual info on the ladies complaint, but it does seem that the BIB are not real sympithic toward foreign complaints against local talent in this regard. It would appear the witnesses that are referred to saw nothing, so why they are even called witnesses by the police is beyond me.

yes but they have an excellent witness..Noi the neighbour..Who heard a drunken scotttish woman yelling and she understood all of this when it woke her at 5am..Need I say anymore.....I barely understand Scots when they are sober and rational...see you Jimmy...

Edited by mrmazinkle
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Verdict.

"It wasn't rape, she was that drunk she slipped and landed on their cocks"

"Twice"

Aye, or as they said last year from Chang mai Inn death...

She was victim of coincidences... said coincidences that came twice... inside her...

The stain cloth with semen reported the previous day was also a coincidence... Was just passing by...

'They hit me in the face and on my head. There are bruises on my arms from where they held me down and my elbows and knees have been scraped.'

Coincidental bruises? ...

Edited by CantSpell
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