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"Whether or not the victim was sexually active, and whether or not she had been drinking re totally irrelevant to whether or not she was assaulted..."

In your opinion.

However, your opinion is irrelevant.

The only opinion that matters is that of the Tribunal. And their opinion is unknowable until the submission is made.

Now, you might have a point if the allegation against counsel here was that he made an unarguable submission. However, that is not the allegation. The allegation is that his submission was "unnecessary and offensive."

Well, as an advocate, I find such findings "offensive". Now bend over backwards to accommodate my umbrage!