As far as reasonable doubt and rape cases, there's the problem that "reasonable doubt" is a vague standard left to the interpretation of each member of the jury. Unfortunately, there are enough jurors out there willing to blame the victim that sleazy defense tactics work. I know the case of one seven-year-old girl whose case went to mistrial because one juror was convinced by the defense case that she seduced her attacker. When those tactics start to backfire on defense attorneys, then the dilemma I talked about earlier will evaporate (e.g., the right of the accused to a robust defense won't make it virtually impossible to prosecute the rapists of "bad women"). But until then, we have a fucking problem.
---------------------------------------------- DW: So, is it true that Nafissatou Diallo shot herself in the foot by making false statements to the prosecutors? Surely. (Though the problem is not that she's a "proficient fabricator". By all evidence, she's not very good at it.) Is it also the case that DSK sexually assaulted her? Oh hell yes.
DH: Probably yes, not "oh hell yes." But the standard of proof involves that reasonable doubt thing.
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