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Forensic Study of Induced Rape

Essay by   •  February 23, 2011  •  Essay  •  638 Words (3 Pages)  •  1,285 Views

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One of the most important reasons for a jury to be presented in the courtroom is to judge the fate of his or her peer, the defendant. The jury has the demanding job of sorting out evidence, testimonies, and other presentations into categories of fact or fiction. Together, they unite to answer the question of why the defendant is in front of the judge in the first place, determining the validity of the evidence presented. The jury holds the fate of the individual being tried.

The current case involves a defendant with allegations of raping a woman who voluntarily placed herself in jeopardy by hitchhiking on a highway at night, accepting a ride offered by the defendant, a complete stranger. The situation, at best, is a difficult one. The woman offered the ride by an individual in which she had never seen before. The woman was raped. As a jury, you can expect a strong argument from both sides of the courtroom. And you can expect an intense testimony from each side, increasing the difficulty of determining the magnitude of consequence for the defendant.

The defense attorney's attack will circulate around the notion that the woman voluntarily placed herself in a very dangerous situation. The defendant could easily have avoided this situation if the woman disregarded the request for a ride. However, accepting an offer from a complete stranger may seem as if the woman was somewhat interested in the man, placing him in the state of mind that she was attracted to him. This makes the question of advancing on the woman a lot easier to answer. If the woman happened to say "No" to the defendant and he forcefully placed her in the car and raped her would far more severe than the current situation. This would make the case that the consequence for the case should be at a minimal severity for the defendant due to the circumstances that led to the rape.

The prosecutor would rebuttal with the thought that rape was intended from the start; therefore penalty should be carried out to the maximum. If the defendant did not plan on raping the woman, he would either drive right on by her or there would be no charges placed upon the driver. This woman, who is in jeopardy to begin with for she had to result in hitchhiking as a means to get home, is highly vulnerable and an easy target for a person like the defendant to prey upon. The intention was there, and when someone has plans of attack, only the strongest

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