NorthwestFresh said:
Thank you for your thoughts. Inaccurate, as she did not "assist" in the actual act. According to her, she turned over. Nowhere did I read that she actually inserted his penis into her vagina.
Paoli asking woman to describe movie the two watched. Called 'Easy A'. [There will be more about this movie, it's a humdinger].
Doe willingly mounts Johnson, kissing him and nibbles on his ear. Both begin gyrating.
Paoli: Is this when the sexual gyrating begins? W: Yes. P: and you were enjoying it. W: Yes at that point.
Paoli: She kept saying no not tonight? W: Yes. P: She playfully punched him? W: Yes while she was on top of him.
Doe says both were enjoying it. Johnson attempts to take Doe's shirt off but she playfully says no.
Doe says she rubbed Johnson's groin area.
Paoli:
How did you say no? Baby talk? W: Yes. Playful. P: You put your hand on his crotch, penis? W: Crotch area.
Doe now saying while on top of Johnson, she doesn't disengage.
A second attempt at taking her shirt off, Doe obliges.
Doe helped Johnson take his shirt off
Doe says she could have been more clear that night.
Woman agrees with Paoli, she may have lead Johnson to believe she would have sex with him in future.
P: You helped roll over. W: I shut down.
Paoli asking if woman
discussed condom use with Johnson with UM Dean of Students. She said she did.
Women says that when Johnson flipped her he grabbed her hips. Paoli asks if it was hard. She says no. [Assuming in context this meant if he grabbed her "hard."]
Paoli: Did you assist in any way? W: Yeah, but it was because I gave up.
Woman agree she did assist Johnson because she gave up. At that point she was not resisting.
Paoli:
assisting him required a volitional act on your part? She said yes.
P:
You're not restrained are you? You could have gotten off the bed, called for housemate? Woman:
Yes.
Paoli:
Did it upset you all he said was thanks? Woman: Yeah.
Doe then said, she told her friend that Johnson didn't think he, personally, did anything wrong
Paoli: She omitted a lot of intimate details when she talked to the nurse about how she was enjoying it.
Woman: She believes she mentioned ear nibbling but doesn't remember talking about sexual gyrations. She didn't mention it.
Paoli: Did she even mention the kissing? That she helped take off his shirt and coat
Woman: No she didn't mention all that.
Paoli: Said woman, counselor have different claims. Woman said counselor claims there were other victims. Counselor denies.
Woman's reflections about mixed signals she might have sent Johnson. Her own personal reflections read aloud in court.
Paoli: Didn't she give him mixed signals?
Woman: And actions.
Paoli: Didn't she give him mixed signals?
She rereads statement to self.
Paoli: What were the mixed signals in the written reflection?
She rereads statement to self.
Paoli: you thought this whole situation was your fault?
Woman: Clothes. Making out. Taking off shirt.
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Comments:
Why would there be a discussion about use of condoms during a "rape?"
There will be a significant conversation in the Jury Room about the difference between "assisting during sex" and "giving up."
She's punching him, it's "playful." She says "no" in "baby talk" then assists in taking off both their tops.
After "gyrating," she rolls off the top of him, but is testifying that she "assisted" in the process. He grabs her hips, but she is saying he did not do so "hard" -- there was no force, she admits that at no time did she feel "restrained" -- and that she had "given up" but was also "assisting" OF "HER OWN VOLITION."
The "no, not tonight" appears to have come much earlier. It is true that "no means no," but this case isn't about that, at least from the testimony yesterday. It is about Doe "assisting" with having sex, being playful nearly throughout, and that her thoughts were
internalized as "giving up," even though what JJ actually saw and heard was relatively aggressive behavior from her -- straddling, punching, gyrating, "cooing" her "no's" -- followed by her cooperation in "rolling off" of him and in "assisting" with having sex to which she has testified she volunteered.
She was angry afterwards because all he said was "thanks."
And this is HER version.
Today will be interesting.