View Poll Results: Should there be sex offense convictions based on accusers word without corroboration?

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  • Yes -- more then now.

    2 6.06%
  • Yes -- keep current system.

    1 3.03%
  • Yes -- in very rare cases.

    2 6.06%
  • No.

    28 84.85%
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Thread: Should those accused os sex offences be convicted on "he said she said" evidence?

  1. #1
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    Should those accused os sex offences be convicted on "he said she said" evidence?

    There are 774,600 Registered Sex Offenders in the U.S. and its Territories. About 220,000 sex offenders are in prisons and jails and about 12,000 more are in involuntary commitment institutions. Many or most of these offenders have been convicted on the accuser's word without other corroboration. Before mid 1980s corroboration was needed for conviction. Many sex offense prosecutors consider the ability to convict without corroboration a great victory. On the other hand, only about 16% of the accused are convicted.


    In my opinion, corroborative evidence should be required for criminal convictions -- especially if the punishment is life long. Nevertheless, my opinion may be in minority.

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by SCitizen View Post
    There are 774,600 Registered Sex Offenders in the U.S. and its Territories. About 220,000 sex offenders are in prisons and jails and about 12,000 more are in involuntary commitment institutions. Many or most of these offenders have been convicted on the accuser's word without other corroboration. Before mid 1980s corroboration was needed for conviction. Many sex offense prosecutors consider the ability to convict without corroboration a great victory. On the other hand, only about 16% of the accused are convicted.


    In my opinion, corroborative evidence should be required for criminal convictions -- especially if the punishment is life long. Nevertheless, my opinion may be in minority.
    most sex offenders aren't convicted because the victim is almost always put on trial.

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by Sababa View Post
    most sex offenders aren't convicted because the victim is almost always put on trial.
    Actually in most cases the accusation does not get to trial. Most convictions are obtained by guilty plea -- the accused do not want to risk the penalty for jury trial.

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by SCitizen View Post
    . Many or most of these offenders have been convicted on the accuser's word without other corroboration.
    Source for that please.
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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by SCitizen View Post
    There are 774,600 Registered Sex Offenders in the U.S. and its Territories. About 220,000 sex offenders are in prisons and jails and about 12,000 more are in involuntary commitment institutions. Many or most of these offenders have been convicted on the accuser's word without other corroboration. Before mid 1980s corroboration was needed for conviction. Many sex offense prosecutors consider the ability to convict without corroboration a great victory. On the other hand, only about 16% of the accused are convicted.

    In my opinion, corroborative evidence should be required for criminal convictions -- especially if the punishment is life long. Nevertheless, my opinion may be in minority.
    Every trial requires proof beyond a reasonable doubt before conviction. Corroborative evidence is a very broad term. Eye witnesses? Not required. DNA evidence? Not required. Cuts and bruises? Not required. It's the totality of the circumstances that speak. If a person is found guilty of a sexual offense, it's because there was corroborative evidence. We don't convict people based upon a mere accusation.
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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by MaggieD View Post
    We don't convict people based upon a mere accusation.
    In most date rape cases there is evidence of intercourse, but not evidence of force or lack of consent.

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by SCitizen View Post
    In most date rape cases there is evidence of intercourse, but not evidence of force or lack of consent.
    How many men/women get convicted of date rape? If all the evidence available is she said/he said, the guy isn't going to be convicted. It's the totality of the circumstances. Did she report it to the police immediately? Was she drugged? Was she drunk? Did anyone see her same? Were they on a first date? Did she spurn him? Without some back-up evidence or testimony or circumstances, no one's even going to be charged.
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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    If someone is accused of anything, let alone a sex crime, without proof and they plead guilty - they're idiots. The system is designed to give benefit of the doubt, so even people who actually did do it are often better to go to trial than plead out.

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by MaggieD View Post
    We don't convict people based upon a mere accusation.
    The Innocence Project - Dallas County Cases Where DNA Has Proven Innocence

    Wiley Fountain was convicted in 1986 of aggravated sexual assault and sentenced to 40 years in prison. Fountain was released on parole in February 2001, but his parole was revoked months later when he failed to find a job and pay fees as a registered sex offender. He was finally released from prison in 2002 after DNA excluded him from rape kit evidence, and he was pardoned by Governor Rick Perry in 2003.
    Donald Wayne Good was convicted in 1984 of committing a 1983 rape and burglary. He was sentenced to life in prison. He was paroled in 1993, but his parole was revoked in 2002 (for a minor property crime); he is still serving a five-year sentence for the property crime. In 2004, DNA testing proved that Good could not have been the man who committed the 1983 crimes, and the Texas Court of Criminal Appeals exonerated him in 2004.
    In 1983, Keith E. Turner was convicted of a 1982 aggravated sexual assault and sentenced to 20 years in prison, of which he served four years. Turner was exonerated and pardoned in 2005.
    Gregory Wallis was convicted in 1989 of burglary of a habitation with intent to commit sexual assault in 1988. He was sentenced to 50 years in prison and served 18 years. He was released in March 2006 and officially exonerated in 2007.
    In two separate trials, Steven Phillips was convicted of burglary in 1982 and rape in 1983. He was sentenced to 30 years in prison for these two convictions. Before a third trial could begin, Phillips pled guilty to charges stemming from five other similar crimes in exchange for an additional sentence of 10 years. In 1996, Phillips was released on parole but was arrested again in 1997 for an alleged parole violation and returned to prison. After serving 24 years in prison, Phillips was released on parole in 2007. One year later, DNA testing proved his innocence and he was formally exonerated in 2008.
    Cornelius Dupree was exonerated in 2011, after spending more than 30 years in prison for a rape and robbery he didn’t commit. He could have been eligible for parole much earlier, but he would have had to admit his guilt, something he refused to do.
    Exonerated by DNA evidence, James Bain isn't angry about spending 35 years of his life in prison for a horrific crime that he didn't commit.

    Read more: James Bain Exonerated After 35 Years In Prison - Business Insider
    15 People Who Were Jailed and/or Executed, Then Found Innocent | Raw Justice

    In 2009 the case was reopened, however, the Governor of Texas mysteriously reappointed four of the nine members of the Forensic Science Commission. Still, court changed the conviction to unsustainable in 2009.
    Felker’s lawyers also discovered withheld evidence during the trial that included DNA samples and a signed confession from another man (though the man was mentally retarded). Despite this, Felker was found guilty and executed in 1996, 15 years after his initial hearing.
    10 Convicts Presumed Innocent After Execution - Listverse

    Griffin’s fingerprints were not found on the car or the weapon – all evidence against him was circumstantial. There is evidence that suggests Fitzgerald was promised a reduce sentence in exchange for his testimony. The prosecution also failed to address that there were two other witnesses who confirmed that Griffin did not commit the murder and they were able to name the three men who did.Appeals courts upheld his conviction and death sentence. Griffin was executed by lethal injection on June 21, 1995. Griffin maintained his innocence right up to his execution. In 2005, a professor University of Michigan Law School reopened the case. His investigation concluded that Griffin was innocent.
    .... Continued....
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Should those accused os sex offences be convicted on "he said she said" evidence?

    Quote Originally Posted by MaggieD View Post
    We don't convict people based upon a mere accusation.
    Innocence: List of Those Freed From Death Row | Death Penalty Information Center

    NR* NAME ST RACE CONVICTED EXONERATED YEARS BETWEEN REASON DNA **
    1 David Keaton FL B 1971 1973 2 Charges Dismissed
    2 Samuel A. Poole NC B 1973 1974 1 Charges Dismissed
    3 Wilbert Lee FL B 1963 1975 12 Pardoned
    4 Freddie Pitts FL B 1963 1975 12 Pardoned
    5 James Creamer GA W 1973 1975 2 Charges Dismissed
    6 Christopher Spicer NC B 1973 1975 2 Acquitted
    7 Thomas Gladish NM W 1974 1976 2 Charges Dismissed
    8 Richard Greer NM W 1974 1976 2 Charges Dismissed
    9 Ronald Keine NM W 1974 1976 2 Charges Dismissed
    10 Clarence Smith NM W 1974 1976 2 Charges Dismissed
    11 Delbert Tibbs FL B 1974 1977 3 Charges Dismissed
    12 Earl Charles GA B 1975 1978 3 Charges Dismissed
    13 Jonathan Treadway AZ W 1975 1978 3 Acquitted
    14 Gary Beeman OH W 1976 1979 3 Acquitted
    15 Jerry Banks GA B 1975 1980 5 Charges Dismissed
    16 Larry Hicks IN B 1978 1980 2 Acquitted
    17 Charles Ray Giddens OK B 1978 1981 3 Charges Dismissed
    18 Michael Linder SC W 1979 1981 2 Acquitted
    19 Johnny Ross LA B 1975 1981 6 Charges Dismissed
    20 Ernest (Shujaa) Graham CA B 1976 1981 5 Acquitted
    21 Annibal Jaramillo FL L 1981 1982 1 Charges Dismissed
    22 Lawyer Johnson MA B 1971 1982 11 Charges Dismissed
    23 Larry Fisher MS W 1984 1985 1 Acquitted
    24 Anthony Brown FL B 1983 1986 3 Acquitted
    25 Neil Ferber PA W 1982 1986 4 Charges Dismissed
    26 Clifford Henry Bowen OK W 1981 1986 5 Charges Dismissed
    27 Joseph Green Brown FL B 1974 1987 13 Charges Dismissed
    28 Perry Cobb IL B 1979 1987 8 Acquitted
    29 Darby (Jesse) Tillis IL B 1979 1987 8 Acquitted
    30 Vernon McManus TX W 1977 1987 10 Charges Dismissed
    31 Anthony Ray Peek FL B 1978 1987 9 Acquitted
    32 Juan Ramos FL L 1983 1987 4 Acquitted
    33 Robert Wallace GA B 1980 1987 7 Acquitted
    34 Richard Neal Jones OK W 1983 1987 4 Acquitted
    35 Willie Brown FL B 1983 1988 5 Charges Dismissed
    36 Larry Troy FL B 1983 1988 5 Charges Dismissed
    37 Randall Dale Adams TX W 1977 1989 12 Charges Dismissed
    38 Robert Cox FL W 1988 1989 1 Charges Dismissed
    39 James Richardson FL B 1968 1989 21 Charges Dismissed
    40 Clarence Brandley TX B 1981 1990 9 Charges Dismissed
    41 John C. Skelton TX W 1983 1990 7 Acquitted
    42 Dale Johnston OH W 1984 1990 6 Charges Dismissed
    43 Jimmy Lee Mathers AZ W 1987 1990 3 Acquitted
    44 Gary Nelson GA B 1980 1991 11 Charges Dismissed
    45 Bradley P. Scott FL W 1988 1991 3 Acquitted
    46 Charles Smith IN B 1983 1991 8 Acquitted
    47 Jay C. Smith PA W 1986 1992 6 Acquitted
    48 Kirk Bloodsworth MD W 1984 1993 9 Charges Dismissed Yes
    49 Federico M. Macias TX L 1984 1993 9 Charges Dismissed
    ... Continued...
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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