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Attempted Rape and Self Defense

By Corey Rayburnyung

Eugene Volokh posts about an interesting case with an unsatisfactory resolution:The trouble is that it's of course impossible to tell from the news accounts ? at least the ones I've seen ? whether this was self-defense, or even whether there's proof beyond a reasonable doubt that it wasn't self-defense (the rule in Washington and lots of other states). If the girl really "could not recall the incident," then it's hard to tell how much to credit her account that "[Pena] wouldn't let her go until they'd had sex." She also isn't likely to be the most credible witness: She apparently has a history of "convictions for assault, theft, malicious mischief and stealing a car," and while even convicted criminals have a right to defend themselves, jurors may naturally be skeptical of their claims (especially when some of the crimes, such as theft, are evidence of dishonesty)...continue to full post

Full post as published by Sex Crimes on October 29, 2008 (boomark / email).