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So she claimed she had been raped while sleeping over at a friend's house by the father of the friend. He claimed it never happened. She only told her mother an
by bacheaul 6y ago
So she claimed she had been raped while sleeping over at a friend's house by the father of the friend. He claimed it never happened. She only told her mother and step-father around 2-3 weeks afterwards about it.
She was forced (she was not able to choose) to take pregnancy rejection medication but refused/declined to have a physical examination/rape kit done (she had a choice in this). So essentially there was no physical evidence (in the trial at least) that sex had ever occurred. Also, the trial was taking place around 6 years after the alledged incident.
What we did have was a very detailed, consistent, plausible, and compelling recount of events leading up to, during, and after the rape from the 13 year old victim in a police interview about a month after it occured and also another interview around 2 years later. Watching the interviews, and based on the type emotion she showed at particular points, the language (including body language) she used to describe the events etc it was difficult to not believe her, it was in fact heart breaking to watch and listen to.
I guess my point is that all that "soft" information that we received from the video recorded interview was indeed information that we used to assess whether we thought she was telling the truth or not or whether she was coached or was making it up, for whatever reason. We were in fact instructed by the judge to use that information to make our assessment whether there was reasonable doubt or not.
I'm not sure how you separate this type of information from other information we also receive eg. the physical attractiveness of the accused and defendant and how the legal system can remove this type of bias. Based on other comments here, I'm also no longer sure about whether we, as a jury, should be using that soft information, and I'd love to see results from studies about how juries assess evidence when it is presented in different ways as suggested here.