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

Because it’s possible to have sexual contact consensually. Most other crimes, the fact that something has happened is often clear evidence that it happened in a criminal way. You can’t consensually be murdered. It’s extremely unlikely that you’d be consensually beaten bloody or hit by a car. Property crime like theft, it’s a *little* more plausible that you gave them the item them said they stole it, but it’s still not terribly likely. If your things are in their possession and you’re mad about it, someone along the line was probably stealing.

Most sexual assault happens between people who are acquainted with each other in a situation where consensual sexual contact is plausible. So it’s hard to prove that the contact was unwanted. There are a lot of flaws in the legal system about how sexual assault is prosecuted, but admittedly, it’s really hard to prove beyond a reasonable doubt, especially in today’s world where the average person is not super educated about what constitutes sexual assault.

It’s why we have age of consent laws and the concept of statutory rape. To prevent underage victims from claiming it was consensual due to being coached or groomed, it simply is not considered possible for people under a certain age to consent in certain circumstances, so it’s *always* nonconsensual in the eyes of the law to have contact with someone under a certain age.

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