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View Diary: Beyond A Reasonable Doubt: Applying The Wrong Legal Standard To Establishing Consent in Rape Case (167 comments)

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  •  An interesting and well presented topic. (1+ / 0-)
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    HiBob

    As I'm typing this however, I began to wonder how imposing the burden of proof on the defendent might necessitate giving the defendent greater leeway in meeting that burden. For example, does an accuser's previous sexual history now become admissible?  If a defendant must prove the accuser's consent, would not the accuser's history and habits become relevent and necessary to proving the accuser's state of mind and likelihood of consent?

    You can't spell CRAZY without R-AZ.

    by rb608 on Wed Jun 19, 2013 at 11:47:19 AM PDT

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