What evidence is needed for a rape conviction?

[Al B. Sure!]

Seems to me that a woman's word is the only evidence needed.

http://espn.go.com/los-angeles/ncf/s...ape-conviction

A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years.

Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus.

In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison.

In an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state.

But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.

During a second meeting that was secretly videotaped, she told Banks, "'I will go through with helping you but it's like at the same time all that money they gave us, I mean gave me, I don't want to have to pay it back," according to a defense investigator who was at the meeting.

He was a USC recruit back in 2003. Instead of playing college football and maybe making the NFL, he served 5 years and was a registered sex offender.

For more rage material:

It was uncertain Thursday whether Gibson will have to return the money.

Prosecutors also said they didn't immediately know if she might be prosecuted for making the false accusation when she was 15.

[gribbler]

Plea bargaining

[Wiglaf]

Seems like there was a rape (otherwise why plead guilty?), then, not having had sex for the past five years, she concocted this plan to get him out of prison.

And what kind of hood rat name is Wanetta? Disgusting. Was Shrontrelle taken?

[Al B. Sure!]

Innocent people plea guilty because fighting it in court will result in a tougher sentence.

What evidence is needed to convict someone of rape? The woman's word is sufficient.


Plus he was a teenager so he could have been pressured.

[Wiglaf]

What evidence is needed to convict someone of rape? The woman's word is sufficient.

Not really. Most trials I have seen where it is just he said, she said end in mistrial or acquittal.

Innocent people plea guilty because fighting it in court will result in a tougher sentence

People do stupid things all the time.

Plus he was a teenager so he could have been pressured.

Okay.

[loinburger]

I was worried that this thread was another sad episode in Alby's love life

[Al B. Sure!]

Not really. Most trials I have seen where it is just he said, she said end in mistrial or acquittal.

That includes rape of a minor?

I would think that's a sure-fire conviction if there ever is one, even if it's just she said. What jury acquits that?

[Kuciwalker]

I was worried that this thread was another sad episode in Alby's love life

Is it sad that I assumed Albie was going to claim that he'd been raped?

[loinburger]

"I was just sitting there talking about music, and all of a sudden she showed me her breasts! Do I have a solid 'mental anguish' case against her?"

[Ben Kenobi]

Is it sad that I assumed Albie was going to claim that he'd been raped?

By a woman? Surely you jest.

[Wiglaf]

That includes rape of a minor?

I would think that's a sure-fire conviction if there ever is one, even if it's just she said. What jury acquits that?

What? Michael Jackson

[Ming]

Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer...

MORONS... Both him and his lawyer.

[kentonio]

MORONS... Both him and his lawyer.

The lawyer sure, but this is like we were discussing in the other thread a few weeks ago; plea bargains create this situation where innocent people have to choose between pleading and being falsely imprisoned, or trying to prove their innocence and potentially being locked up for decades. It's pretty sick.

[Ming]

He said... She said... and he knew he didn't do it... I'd roll the dice on that one.

[MikeH]

Start with the fact that rape conviction rates are tiny.

Then if's obvious that the OP is asking the entirely wrong question about this case, which is a judicial process problem.

[Ming]

Start with the fact that rape conviction rates are tiny.

My first thought was... WTF? I've heard that actual convictions rates for rape in the US are as high as 58%. I've see much lower figures, but nothing I would consider tiny.

But then I found this chart... yes, it is old, but now I know where you are coming from.

cjuse20.gif

[rah]

That chart shows the conviction percentage against the male population, not against those charged.

[Lorizael]

I sincerely doubt that 1 in 4000 men were convicted of rape in 1992.

[MikeH]

The conviction rate of those that go to trial in the UK is 58%.

BUT only 6.5% of rapes that are reported result in convictions.

And the Government estimates that 95% go unreported.

[MikeH]

Which is a 0.325% overall conviction rate. Pretty tiny...

[Ming]

The conviction rate of those that go to trial in the UK is 58%.

BUT only 6.5% of rapes that are reported result in convictions.

And the Government estimates that 95% go unreported.

Those numbers sound consistent with the US

[MikeH]

So if it goes to trial, you are more likely to get convicted but they only take to trial slam dunks, and even then only 3 in 5 get convictions.

[regexcellent]

That doesn't mean the convictions are all of actual rapes.

[Al B. Sure!]

I was always under the impression that the woman's word was virtually sufficient for a conviction unless you're Kobe Bryant. Jurors take alleged female victims at their word.

If that is not true it's a common myth. I saw this story on another board and that idea was repeated.

[Bugs ****ing Bunny]

And if someone says it on the internet, it's true.

[Elok]

The internet AND several regions of Philadelphia. That makes it a global myth, provided it's also believed by the UN.

[Bugs ****ing Bunny]

Let's put it this way, Albie.

Imagine you are a juror. In order to find him guilty, you must be satisfied beyond reasonable doubt that the accused committed rape. Is the mere word of the woman enough to do that for you?

[Al B. Sure!]

Let's put it this way, Albie.

Imagine you are a juror. In order to find him guilty, you must be satisfied beyond reasonable doubt that the accused committed rape. Is the mere word of the woman enough to do that for you?

I'm not most people.


And what about alleged sexual abuse of minors? Kids wield ridiculous power if they accuse adults of sexual abuse.

[Elok]

I'm not most people.


And what about alleged sexual abuse of minors? Kids wield ridiculous power if they accuse adults of sexual abuse.

Do you have any statistics to back that up? Last I heard (not that I look into statistics either, but you're the one making the claim), the problem with kiddy-fiddling wasn't the conviction, it's that just the mere accusation will hang around your neck forever. Also kids are highly suggestible, and tend to come up with stories to fit the shrink's questions (aided by the remarkably unreliable human memory).

[gribbler]

If people will trust what other people wrote 2000 years ago, I don't see why they shouldn't also assume a child is remembering events correctly.