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Criminal Law

: Durham-in-Wonderland

A Troubling Case

By K.C. Johnson

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A disturbing, and compellingly written, ESPN article that I strongly recommend. The lacrosse case shone a light on the guilty-until-proven-innocent nature of rape law: the idea that someone can be, theoretically, convicted solely on the basis of an accuser?s testimony and ID?even in the face of evidence of actual innocence?is chilling. Our criminal justice system supposedly is built on the idea that better nine guilty go free than one innocent person be convicted; with sexual assault law, the reverse seems to hold true. The reason, of course, arises from the (probably correct) belief that sexual assault is underreported. But then feminists and ?tough-on-crime? legislators made a fatal leap: that if the law is changed to make a conviction more likely, more real victims will be likely to report the ?crime...continue to full post

Full post as published by Durham-in-Wonderland on July 09, 2009 (boomark / email).

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