The ever intelligent Bright Simons comments: In the absence of a recording how do you prove in a court of law that the female said No at any stage in the act? Remember this is a criminal trial not a confession session in a church. It is all about circumstantial evidence. The same standard you apply to evidence adduced by the defence should be applied to evidence or testimony adduced by the prosecution If evidence showing affectionate interaction after an alleged rape act proves nothing to your mind, do you have any idea what kind of circumstantial evidence from the prosecution side will prove something, in particular lack of consent, to a judge? This is modern law: we cant use trial by ordeal. In criminal trials, we cant administer polygraph or truth serums. So we must rely on fragments of the record to try and piece together the most probable situation after the fact. It Is like archaeology. Not like chemical analysis. This is the kind of intellectual orgasm that I like to enjoy on this matter, not the pseudo-stuff passing as debate.
Posted on: Fri, 02 Jan 2015 12:42:46 +0000
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