An allegation of sexual assault from a woman against a man is a serious charge and not one that should be taken lightly. Even in previous relationships where sexual activity may have been consensual, there may be times where the situation becomes dangerous and the woman feels that she was involved in a rape. In these situations, in order for both parties to be able to defend themselves and present their story in Wisconsin, it's necessary for all evidence to be heard.
The delicate nature of sex crimes requires that prosecutors have strong evidence to support a conviction of any alleged perpetrator. If prosecutors are unable to provide enough evidence that a person has been the victim of a sexual assault, or if there are extenuating circumstances surrounding the assault, the situation simply becomes the word of a woman against the word of a man. When the person who is accused of the crime has a past history of sexual misconduct, it becomes even more important that evidence is sufficient to convict, rather than just the word of the alleged victim.
We have previously written that some tools of the criminal justice system - ones which have long defined standards of evidence - are now being challenged, and sometimes discredited. Chief among these is the use and reliability of eyewitness testimony.
A successful criminal defense strategy often includes a number of important factors. In addition to carefully examining the facts of the case, it is often helpful to determine which aspects of the defendant's physical appearance are most likely to influence a jury, either positively or negatively.
We have previously written that per Wisconsin's statutory rape laws, no one under the age of 16 can legally give their consent to have sex. Therefore, sex between a 15-year-old girl and her 17-year-old boyfriend could lead to statutory rape charges, even when the sex was completely consensual.
We have previously written about the high number of wrongful convictions which have been overturned recently by advancements in DNA testing. Wisconsin's efforts to update its criminal DNA database should hopefully continue to reduce and rectify wrongful convictions. Most of these wrongful convictions were based on faulty eyewitness testimony.
Late last month, we wrote that the criminal case against Dominique Strauss-Kahn (DSK) was unraveling quickly. At that time, there were rumors that the charges would eventually be dropped. In May, Strauss-Kahn had been arrested and charged with the attempted rape of a maid who worked at the hotel where he was staying.
Last week, we began a discussion about the damage caused by false allegations of rape. Because of heavy and biased media coverage, defendants often suffer serious damage to their reputation, career and finances even if they are later acquitted.
Earlier this month, we wrote about the accusations against Dominique Strauss-Kahn (DSK), former head of the International Monetary Fund. The rape charges against him are likely to be dropped, but he has already suffered damage to his reputation, his finances and his future prospects as a result of the charges.
Earlier this week, we wrote that the charges against Dominique Strauss-Kahn may soon be dropped. In May, Strauss-Kahn was arrested for the alleged rape of a hotel housekeeper. Now, due to inconsistencies in the housekeeper's testimony, her credibility is in question.