Why is sexual assault one of hardest crime to defend against yet one of the hardest to prosecute?

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I work in the legal field and I have heard many times that it’s difficult to prosecute these cases, but it’s a different story when it comes with defense attorneys. Defense attorneys always say that it’s nearly impossible to win these kinds of cases. Why is it like that?

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Anonymous 0 Comments

Let’s take another violent crime as an example;

Say I stab someone. Well there’s going to be pretty clear evidence that someone, was in fact, stabbed. So the questions comes down to “who stabbed them?”. Witnesses, motives, physical evidence (finger prints, DNA) etc can all narrow down who the stabber was.

Now let’s consider sexual assault. There’s not the same type of physical evidence. You need determine if what happened was sexual assault. Both parties can even agree that SOMETHING happened, but whether consent was made is extremely difficult to determine. Let’s say 2 people go into a room. Everyone sees them go into a room. We even have it on camera. Then they come out and the “victim” goes to the police, gets a rape kit, and the DNA comes back as the other person. So we can pretty definitely say that those two people went into the room and had a sexual encounter. The victim claims that they did not consent. The accused claims that they did have consent. Now it’s “he-said, she-said”.

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