Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: carlo3b
There would appear to be no legal precedence in a rape case for the defendant to bring up the sexual past of the victim. Yet the Judge allowed this irrelevant information to be introduced in open court.

Even if the girl had intercourse with one hundred men in the previous one hundred hours it would not negate her right to refuse intercourse with ANYONE.

24 posted on 10/16/2003 5:54:44 AM PDT by OldFriend (DEMS INHABIT A PARALLEL UNIVERSE)
[ Post Reply | Private Reply | To 23 | View Replies ]


To: OldFriend
Even if the girl had intercourse with one hundred men in the previous one hundred hours it would not negate her right to refuse intercourse with ANYONE.

That is a fact indeed, but having said that isn't it also true that she could be celibate and still lie for whatever reason she has in her heart.

My point is there may exist motives and a proclivity for lying, that are also possible, and in the nature of a thorough defense the accused must not be muzzled by political expediency.

It is inherent in the fabric of common law that a defendant in entitled to a vigorous cross examination, no matter the accusation. However in this age of political correctness, the inference of sexual misdeed, scuttles a defendant's right to search out any motive or pattern of behavior that contribute to finding the truth.
 

26 posted on 10/16/2003 6:21:13 AM PDT by carlo3b (http://www.CookingWithCarlo.com)
[ Post Reply | Private Reply | To 24 | View Replies ]

To: OldFriend; Howlin
Even if the girl had intercourse with one hundred men in the previous one hundred hours it would not negate her right to refuse intercourse with ANYONE

That is certainly true, but misleading.

Her RIGHT to refuse intercourse with Mr. Bryant is undisputed.

The state, however, must prove that she DID refuse, not that she had the right to refuse.

And her propensity to consent to intercourse with strangers (if proven) is a material fact which bears on the state's ability to prove, in this instance, that she refused.

32 posted on 10/16/2003 9:27:22 AM PDT by Jim Noble
[ Post Reply | Private Reply | To 24 | View Replies ]

To: OldFriend
Even if the girl had intercourse with one hundred men in the previous one hundred hours it would not negate her right to refuse intercourse with ANYONE.

But it would certainly cause me to doubt her claim that any vaginal swelling,bruising or redness was caused by the one fellow she refused.

I would also be curious about why she said yes to 100 Joe Averages, but said no to the one celebrity with millions of dollars.

34 posted on 10/16/2003 9:37:05 AM PDT by Zevonismymuse
[ Post Reply | Private Reply | To 24 | View Replies ]

To: OldFriend
Open your eyes, this is not about her behavior, but more about "the scene of the crime". It is possible that something else might have ocurred to change or alter the once existing evidence.

The defendant has a right to any possible witness.

Think of it as tracing steps, it is not as if they are going into her past.
83 posted on 10/18/2003 10:34:12 AM PDT by Dadofmany
[ Post Reply | Private Reply | To 24 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson