Originally Posted by kandi_kane:
“Ignoring what Zoé Lister has said and just basing my thoughts on what we have seen, I feel that Ellie obviously regrets sleeping with Nick. She admitted to Lisa she can't remember a thing about last night so how can she know for sure she didn't give consent?
Surely in a court of law, it has be proven beyond reasonable doubt that she did not give consent. Unless there were witnesses or video evidence, I can't see how that can be proven. Ellie does not remember a thing. Nick could claim that she consented. Lisa witnessed Ellie walking him out of the pub the next morning.
I feel they cut Friday's bedroom scene too soon so I can't make up my mind either way. But I agree with all those saying that Hollyoaks have pretty much decided Nick's a rapist which is such a shame.
Maybe one of the things both men and women need to take from this is to know your limit when it comes to drinking, as obviously your decision making will be impaired.”
Yes, you're right that it's highly unlikely that this would go to trial as there's insufficient evidence for a jury to be able to reach a verdict. And it's true Ellie can't remember, so she doesn't know whether she consented or not.
But we, the viewers (or those who were paying attention) saw enough to conclude that Ellie was raped. Because she did not,
could not, give consent - she was passing out on the bed!
I didn't watch the episode on E4 last Friday, and reading posts on the thread about it afterwards I was given the impression that it was difficult to judge as the viewers hadn't seen anything beyond Ellie and Nick going into her room, so we couldn't really know what had happened beyond that, or whether she had consented.
But watching the episode on C4 tonight, I am in absolutely no doubt that enough was shown to make it quite clear that Ellie was not in any condition to consent. They went into her bedroom, Ellie poured some wine and told Nick to put some music on. Both were clearly drunk, but at this point Ellie was still lucid, ie still upright and capable of conversing.
But when she went to lay down on the bed, she said she felt unwell and that the room was spinning. She appeared to be drowsy and lapsing into semi-consciousness. At this point, even if Nick
assumed she had been willing to have sex (and it
would have been an assumption, because there had been no prior conversation or agreement or consent) he should have realised that she was no longer in a state where she was able to agree to it. But he took her state of helplessness to be an invitation to go ahead and help himself.
It's a shame that some people can't cope with the idea of an apparently 'nice' guy being portrayed as a rapist - but suck it up, because that's what he is. That's what rape is - sex without the willing consent of both parties. Nick raped Ellie, full stop.
It's clear that there's still a lot of education needed to get the message across about the importance of consent -
informed consent - because without it, you are committing rape. The fact that your victim is drunk and unconscious doesn't give you a green light to just do whatever you want and then blame them for being too drunk to give consent or say 'No!'