It helps the defense that they won this, but Bauer is by no means out of the oods. I have my opinion, but all the judge ruled is that he isnt a current threat to her which is easy to prove since he hasnt tried to contact her since the 2nd time they were together.
I do think it was consensuel based on the tweets, but that isnt what matters in this hearing.
But because she gave a ruling with her opinion on no assault, it for sure helps...and might never see charges brought because of that...ofcourse i am sure she sues no matter what.
That simply is not the case Lee.
The judge ruled on the findings. And what she said was that the whole thing was consensual. I believe the best quote from her findings was -
"if we are to believe a women when she says NO, what are we to do when she says YES"
She went on to say that while the petitioners injuries may look terrible in a normal situation, in this case the girl had ample opportunities to define what was off limits and what wasn't. That at any point that she said stop, either by safe word, by physical motion or just by simply putting off limits, the boundaries were never exceeded. That any responsible adult who enters into an agreement to have "rough sex" should have an expectation of some bodily signs associated with that. That the girl repeated gave consent and actually asked for it to be rougher and more "robust" between encounter one and two. Therefore, she FINDS that 2 consenting adults, entered into a wholly consensual agreement to have rough sex and no restraining order was warranted.
She also went on to say that the petitioners filing affidavit was materially untrue and that she mislead the court when the original affidavit was filed.
It was pretty damn striking Lee. And where it is factually true it has NO bearing on the criminal investigation, you are wrong in actuality. The Pasadena DA sat through the whole case as well as 2 MLB lawyers. And this court has the lowest bar for getting a positive ruling for the petitioner. If their case can not make muster, by a judge ruling on the facts presented, and the bar is 51% at best in this court, how does any DA look and say I can get 12 jurors to give me a beyond a reasonable doubt. Which is like 95%.
Expect a decline to charge soon by the Pasadena police. Which will further put MLB in a real box.
Whereas you can say this has no impact, a court officer ruling on the testimony of the petitioner and by her written texts that is was absolutely consensual has to give pause to any other court officer, unless you want to start deciding what 2 consenting adults have the right to agree on, because then you are wading into constitutional territory. And that is where MLB will also find themselves once the DA in Pasadena declines to charge
