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Reply #67: I empathize with your concerns... there are tragic sub elements to any [View All]

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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-03-06 05:56 AM
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67. I empathize with your concerns... there are tragic sub elements to any
rape case that will inevitably lead to what you describe above.

First off, our system of law works on an 'innocent until proven guilty', which means that the rape victim is the plaintiff (aggressor, as far as the case is concerned) and the person accused of the act is the defendant (on defense).

Secondly, lacking DNA evidence, it immediately becomes a he said/she said type of situation, where we rely on things like ATM records and witnesses. But one of the first thing any trial lawyer is going to do in this situation is to try and discredit the accuser. That's not just in these types of cases, but in ANY case where it boils down to one persons word over another's.

I know that may sound cold, but I still feel it's a better alternative to 'guilty until proven innocent'.

Just my two cents.

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