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Mon Dec 3, 2012, 01:35 AM

You are on a Jury: What Proves a Rape Occurred

All these rape threads made me think of one of the most basic problems with the crime, namely that it is hard to prove. There are certainly some exceptions, such as when the act is extremely violent, but in many cases it is simply his story versus hers. In such cases, what would you need to come to the conclusion that a rape happened and the defendant is guilty?

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Response to BrentWil (Original post)

Mon Dec 3, 2012, 01:41 AM

1. If you're looking for a bright line, you're apt to be blinded from the truth.

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Response to WheelWalker (Reply #1)

Mon Dec 3, 2012, 01:43 AM

2. No bright lines

Any crime or court case would be different from the next. But would look for some general thoughts.

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Response to BrentWil (Original post)

Mon Dec 3, 2012, 01:46 AM

3. Well, the black eye and the antibiotics convinced me.

But the jury decided she wasn't a virgin at 17 so it couldn't have been rape.

Someone else I knew had to get a new winter coat because after two men dragged her to a rooftop, it wasn't worth much anymore. I found that convincing.

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Response to aquart (Reply #3)

Mon Dec 3, 2012, 01:52 AM

5. Where was that, that a jury didn't fint that convincing?

If you don't mind me asking. Small town? big city? What was the race of the woman and the jury? Many factors in society play into such things. I was just wondering.

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Response to BrentWil (Original post)

Mon Dec 3, 2012, 01:46 AM

4. o.o



I have a feeling nothing good will come of this thread, but damn is it probably not going to be a slugfest.

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Response to BrentWil (Original post)

Mon Dec 3, 2012, 01:59 AM

6. You might be stuck deciding which witness is credible.

But that's a lot of cases, right?
CSI can't always "prove" it like on TV.

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Response to bettyellen (Reply #6)

Mon Dec 3, 2012, 02:05 AM

7. That's the heart of it...

What makes someone believable beyond a reasonable doubt?

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Response to BrentWil (Reply #7)

Mon Dec 3, 2012, 02:18 AM

9. Sometimes it's a tough call, other times not

But people judge testimony all the time in all sorts of cases. It's not limited to rape cases.

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Response to bettyellen (Reply #9)

Mon Dec 3, 2012, 02:25 AM

10. True...But I'm this crime, rather the event is a crime or isn't is often in question.

But I'm this crime, rather the event is a crime or isn't is often in question.


A counter example is theft. Someone steals something. People will look at oppurity, motivation etc. However, the defense willl rarely be,it happened but wasn't a crime.

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Response to BrentWil (Reply #10)

Mon Dec 3, 2012, 02:34 AM

11. Well there's more fraudulent reporting of theft, so I might wonder

If for some reason the person reporting the theft wasn't lying. Much less likely for murder or rape.

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Response to BrentWil (Reply #10)

Mon Dec 3, 2012, 05:00 AM

12. Are you saying that you are the rapist?

"But I'm this crime"

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Response to BrentWil (Original post)

Mon Dec 3, 2012, 02:17 AM

8. the same thing you would use to evaluate any other testimony

Does the story make sense? Did the person lie in any part of the testimony? Has the story stayed consistent over time? Is there a motive for lying? What is the demeanor of the witness?

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