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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If you are accused of a crime, the police can call in a range of powers. They can take DNA samples, check your phone history, interview witnesses and seize evidence.
As just a regular citizen, you don’t stand much of a chance against a team of professional detectives, so the principle is that you are only guilty if the prosecution can prove it “beyond reasonable doubt”. If there’s a chance that you’re not guilty then you’re free. It’s better that 100 guilty people go free than one innocent man is jailed.
All this is fine if you’re accused of fraud, or arson. But in the case of something as private and intimate as a sexual encounter, it’s very very difficult to prove he (it’s generally him on her) is 100% guilty.
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There is another kind of reason where you might end up in court, and that’s for breach of contract. You could bring your car to me for a service, and when you get it back there’s a big scratch on the paintwork. The police won’t get involved, because I haven’t committed a crime, so you would sue me for damages. In the case, you and I are equal, and you only have to show it was my fault on the “balance of probabilities”. If it’s more likely my fault than yours, I pay up.
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