Frank wrote on Oct 18
th, 2022 at 7:46pm:
mothra wrote on Oct 18
th, 2022 at 5:32am:
What continues to break my heart is that even in this day and, if a woman does not submit to immediate forensic examination post rape, she has no evidence.
And so accusations of rape come down to "he said/she said".
So little compassion for a person who is undeniably in a state of shock after being horrifically violated. So little understanding of what that might do to a person.
Anyone - woman or not - needs evidence. Being a woman is not oracular - you still need evidence.
Yes. Accusation is not proof. Just SAYING that there was rape is not enough - see above, women are not oracles.
'Undeniable state of shock' due to what? 'Being horribly violated' needs evidence - see above.
Women can and do lie. They are human, not oracular goddesses. So can and do men. Being a woman is not evidence of anything.
In this matter, Higgins wins on points as far as I am concerned. She was in the box, sworn, under oath, stated her case and dealt with cross examination.
He, some might say, cowardly, stayed out of the box, and said NOTHING under oath and avoided cross examination.
I know. I have been there. I have had this conversation with accused people many many times, and every time, at the end of it, I had the client sign a document declaring that I had explained the options to him...give evidence or not give evidence and what follows in each case.....and I also had them write in their own hand whether they wanted to get in the box or not. Yes, we tin plate our arses every time.
Those who I privately believed had NOT done an act they were charged with invariably got in the box......those whose story was dicey, ie those I privately did not believe had NOT done said act invariably ducked for cover. Some of the former were still convicted and some of the latter were nonetheless acquitted.
Ya never know what a Jury will do especially when the 13th Juror does their performance.