Tuesday, June 24, 2014

Uneducated, Unsolicited Legal Opinion (part 2)

Back on May 8th, I posted the following:

Using the victim's sexual history as evidence for the defense in a rape case is like using a victim's Christmas shopping list to defend a thief.  "Ladies and gentlemen of the jury, the so-called 'victim' in this case has demonstrated a clear pattern of giving things to people.  It is clear that this slightly-used iPhone was a gift to my defendant, which his accuser later regretted giving away."

That dog don't hunt.

I stand by this assertion, but I would like to add to that.  Blaming a victim for a rape because she was flirting is like blaming a guy for having his bike stolen because he rode it back and forth in front of a place that the thief frequented.  I've also seen an account of a defense lawyer using a victim's sexual fantasies about men the same age as the alleged perpetrator in the defense.  That would be equivalent to saying that a thief didn't steal a bike because the victim had been considering buying a bike for somebody the same age.