Daniel Penny and Sex Assault

Prosecutors agree that Penny had the moral right to intervene to rescue his fellow citizens. And to put himself at risk. He is a hero not a villain. Their obligation is to determine whether there is plausible evidence to overcome the presumption of innocence, in other words, can they honestly conclude there is sufficient evidence to overcome the reasonable doubt standard. Here, it is in their discretion to decide the exact point and time when Penny crossed the precise line which establishes beyond a reasonable doubt that he committed the crime of Manslaughter or negligent homicide. Since the video evidence and eye witness testimony establish that human perception is inadequate for the task we can definitively ascertain that  the prosecution abused its discretion.. The case should be dismissed and not allowed to be sent to the jury for determination. Even the power of the State amassed behind the prosecutor cannot touch the bottom of a bottomless ocean due to the inherent contradiction entailed. 

In the law of sexual assault, a man is guilty if he penetrates a woman, however slight, even if she consents, but says no at the point of ejaculation. It is an absurd law incrementally extended by feminists which yields absurd results  it is a contentious and lengthy argument for another time. 

Many of our laws in the sexual domain have been politically appropriated by powerful lobbies which have intimidated legislators into  becoming useful obsequious pawns. Though that is the law of sexual assault until reason prevails,  it is not and cannot be the standard in the instant assault case. Putting aside the reasonable doubt which encumbers Neely’s cause of death, Penny is a former marine not a Superman with Xray vision to preternaturally calibrate when the assailant was sufficiently restrained.. He does not come with light bulb that flashes red to instruct him “ that’s far enough.” No one under the same circumstances, however well trained, can stop 🛑 on a dime and pull out on command, whether self or otherwise The arrest and trial are travesties of justice and  ineradicably stains our belief in the fundamental fairness of our legal system. 

Today is a day of jubilation. Daniel Penny has been found not guilty of Negligent Homicide. Justice would have been never arresting him on the evidence available but Progressive and pandering prosecutors were on a mission having nothing to do with justice. To make matters worse they employed the race card which I will discuss on another occasion. For now, Peace.