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405. Consent defense

By Joel Jacobsen

CBS News interviewed the psychologist David Lisak about "non-stranger rapes."  In just a few minutes he says a number of very interesting things.  For example, what if we prosecuted other crimes--say, auto theft--the way we prosecute rape?  Imagine the cross-examination: Q.  It is true, sir, is it not, that you, quote, don't remember, unquote, whether you locked your doors? A.  But I always do lock them. Q.  Please just answer the question.  You have no specific memory of locking the car doors on Monday the 11th at approximately 7:15 a.m. when you left your car at the station.  Is that correct? A.  Yes. Q.  So you might have left the car unlocked.  Correct? A.  I guess so. Q.  Yes, it's possible you left the car unlocked? A...continue to full post

Full post as published by Judging Crimes on November 12, 2009 (boomark / email).