Re: Sorry Folks But Ben is Gone...
A couple thoughts:
First, the reason her testimony was needed was because it was the ONLY evidence. There was nothing else, so she was key. You don't need to have the testimony of the alleged victim in a criminal case unless there is nothing else.
Secondly, this wasn't a trial where they had to meet a burden based on the issue of law for a jury to convict. In this case there wasn't even enough evidence of any kind to even charge Ben. Getting a conviction can be a high burden, but simply getting a charge is not.
There is absolutely nothing in the record to suggest in any way that Ben was guilty of rape or even sexual assault (lesser charge). In fact, he appears to have said that he didn't give her the time of day- so who do you believe? Why?
Originally posted by snarky
First, the reason her testimony was needed was because it was the ONLY evidence. There was nothing else, so she was key. You don't need to have the testimony of the alleged victim in a criminal case unless there is nothing else.
Secondly, this wasn't a trial where they had to meet a burden based on the issue of law for a jury to convict. In this case there wasn't even enough evidence of any kind to even charge Ben. Getting a conviction can be a high burden, but simply getting a charge is not.
There is absolutely nothing in the record to suggest in any way that Ben was guilty of rape or even sexual assault (lesser charge). In fact, he appears to have said that he didn't give her the time of day- so who do you believe? Why?
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