- Apr 10, 2000
Actually, I would think neither jury screwed up. He plea bargained out the criminal prosecution, which means a jury wasn't involved. And since that goes down as a conviction, I'm fairly sure that can be used as evidence in the civil trial. I could be wrong about the second part. His plea bargain probably helped her civil case.Sounds like two juries screwed up.
I would say his lawyer screwed up by suggesting a plea bargain.
The reason for late report or low incidence of report is largely psychological. It's not like it's a small secret or anything. Having never been raped I doubt you could even begin to imagine the psychological trauma it causes. Most rapes actually go completely unreported. Many times rape victims are made social pariahs. If they know their rapist, they may feel it's their own fault because they "allowed" it to happen. If someone witnesses a murder and takes a week to report it, should the murderer be allowed to go free? Your whole argument is one big "blame the victim" scenario without considering what they went through.I'm sure criminal charges are sure to follow this young girl. I'm also sure a review will be made as to why Mr Banks was encouraged to plead guilty to a crime he did not commit with what appears to be no real evidence. Medical malpractice may get all the attention, but there is such a thing as legal malpractice as well.
In addition, man is it just me or are rape claims in this country totally crazy? Why is it that women who are raped in these publicized stories never go to the cops or a doctor right away and have DNA evidence to back it up? I mean, if I was raped (myself being a dude) I'm pretty sure I would immediately be spilling my guts over it rather than waiting 4+ weeks (as many rape cases I've read about state happened) before going in to report the guy.
I mean geez if you were raped and left alive, how long would you take before reporting it? There honestly should be a law stating if you don't report the rape in 2 days so that collection of DNA evidence can occur (without a solid obvious physical reason you could not do so) the case should be immediately thrown out.