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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Rape is difficult to prosecute because in a case where it’s not some stranger jumping out of the bushes, how do you know if it was consensual or not? Rape is difficult to defend against, because in order to make it easier to prosecute such “he said, she said” cases, where it might be consensual, governments have legislated a number of rules that they claim will help resolve such cases. For example, in Canada, in order to introduce communications between the plaintiff and the defendant, “of a sexual nature”, it must first be run past both the prosecution and the judge. Also known as the Jian Ghomeshi law or “rape shield II”.
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