Lets say a girl accuses a guy of date rape, and the girl happends to sleep around alot and hooks up with guys all the time (sober and drunk), and this is well known, and guys and girls can testify, or there is even evidence (video etc), is it allowed to be discussed during the trial?
No, I am not being charged for rape, a friend and i were just disucssing a story in the news, and he said a girls sexual past can't be presented during the trial
2006-10-08 06:28:43 · 15 answers · asked by redims81 2 in Politics & Government ➔ Law & Ethics
ok, so a bunch of you said yes, and one person said no...are any of you lawyers, or have a reference?
I understand a girl can say yess all the time, but no still means no...but what prevents a girl from conciously saying yes, then claiming rape the next day? what prevents a girl from doing this over and over? what prevents a girl from sleeping with a guy, then blackmailing him with a rape charge threat?
2006-10-08 06:36:56 · update #1
I am not a lawyer but have advocated for a lot of girls who have been raped. From my experiences, no, a girls sexual past cannot be bought up at a trial. Years ago, it was open season on a girl who was raped and her past was allowed to be bought up. The Law was changed for that reason. In saying that, however, Lawyers are pretty sneaky SOB's and can say something about a girls sexual past and her lawyer will object to the question, and the other Lawyer will withdraw it. Unfortunately though, it has already been said and would have to influence the Jury or the Judge. While the Judge will direct the Jury, not to take certain things a lawyer says into account when discussing the verdict.....the Jury are only human beings, so they may be directed not to include things the other Lawyer said, but if it has put a seed of doubt into one Jurors mind then it can totally change the outcome and if the offender/s has a better lawyer than the victim, then in all liklihood, the offender will get off. I have seen this happen too many times. If you want Justice, the Judicial System is the last place you will get it. The Court System is a joke and appears it is not to prove who is right or wrong, its a competition between two lawyers and the better lawyer usually wins. I know if I was raped, the last place I would go is through th court system. While I do not advocate for taking the Law into your own hands, the "Law" is the reason a lot of people do. The only people who benefit out of court cases usually are the Lawyers...its a multi million dollar industry. In short...lol...the answer to your question is, No. Do you realise that prostitutes get raped, so realistically speaking although sex is their business, does that mean someone else has the right to force them to have sex? Rape is not about sex, it is about power and forcing someone to do something they dont want to do. Even if this girl slept around, that was her choice and with her consent. Rape is a totally different matter...it was without her consent...two different things, that is why the Law was changed.
2006-10-08 07:08:27 · answer #1 · answered by rightio 6 · 1⤊ 0⤋
Generally speaking, the Politically Crowd have written the laws so that a woman's sexual past may not be entered into the record as evidence. Guys are being released from jail all the time who have been falsely accused and have not been permitted to offer a robust defense at their trial. Some have served decades because the woman lied. But let's get real world here. Any guy who hooks up with a chick with a bad reputation leaves himself open for all kinds of unpleasant results. STDs, violence, theft, false arrest, etc. Somewhere in the Bible is the passage, "the wise man sees the evil and avoids it, but the fool passes on and is punished".
2006-10-08 06:45:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In Ontario no it can't be but defense attorneys have a way of alluding to it . The Crown would bring in the person making the charge, and discuss all ramifications of the case with her. If there is video and the guy being charged has access to it , it might become evidence and the d.a. can make ' assumptions' about that person that the video make the plaintiff look bad in.
Moral of the story, don't mess around , drunk or sober , always think of what the ramifications might be .
2006-10-08 06:39:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, a girl's sexual past can be used against her during the trial. Defense lawyers do it all the time. That's why so many girls who have been a victim of date rape don't press charges.
2006-10-08 06:33:15 · answer #4 · answered by Writer of Truth 4 · 0⤊ 0⤋
Yes
2006-10-08 06:31:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, it can be discussed. The defense team will do anything to put enough doubt in the mind of the jury to get their client off the hook.
But just because a girl is promiscuous doesn't mean she wasn't raped. i hope the jury realizes that.
2006-10-08 06:36:46 · answer #6 · answered by willow oak 5 · 0⤊ 0⤋
Unfortunately, yes. A good Lawyer knows how to get all the dirty little details into the trial.
2006-10-08 06:32:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i think that's part of the reason Kobe Bryant got off, was because they found semen from several different guys in the accusers underwear (unless that was just an internet rumor)
2006-10-08 06:32:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It should be. If I was on a jury and I had heard a girl has a history of casual sex I'd vote not guilty for the accused.
2006-10-08 06:37:38 · answer #9 · answered by Anonymous · 0⤊ 3⤋
No it can`t. It doesn`t matter how many times this girl has said yes. If she says no it`s no.
2006-10-08 06:32:58 · answer #10 · answered by Hamish 7 · 0⤊ 0⤋