So she was having a fling with a married man. She decided to blackmail him when he wanted to end the affair. Yeah, that never happens. She claims rape, he lies to keep the truth from his wife and kids and the bastard gets what he deserves.
In my from-the-ground-up society, adultery would likewise be punishable by death, hence these circumstances would never occur.
As for modern society, not only are these circumstances fantastically rare to begin with, we'd have to witness an even more unlikely combination of circumstances for a rape conviction.
Firstly, if the man had been having an affair with the woman in his house, he probably wouldn't be stupid enough to claim she'd never been there, which would risk a single piece of forensic evidence demolishing the lie.
Secondly, the woman would have to be a sociopath. Sociopaths have sociopathic histories. The defense would likely be able to turn up evidence of previous blackmail and extortion attempts.
Thirdly, no affair occurs in a perfect vacuum. Unless the accused met the woman one day and jumped her bones that same day, there's going to be evidence of their affair. Trace evidence in their houses and vehicles. Witnesses seeing them together. Security cameras catching them together. Friends, coworkers, acquaintances of either one having knowledge of the affair.
Failing all of these, then, yeah, the guy is screwed. He fooled around with the wrong woman and paid the price with his life. Let that be a lesson to all of us not to forsake our vows and jump into bed with eager, potentially sociopathic women.
On the other hand, if California had the death penalty for rape, he would have been better off killing her.
He'd have been better off killing her if California had
any serious penalty for rape.
Even if California had no penalty at all, and the only consequence of a rape charge was being labeled a rapist, he'd have been better off killing her.
The only three potential reasons he'll spare her life are:
i) he doesn't believe she'll report the rape, or that he'll be tried and convicted if she does,
ii) he's afraid he'll be caught committing or covering up the murder, or
iii) a shred of humanity prevents him from brutally murdering an innocent woman.
That's it. If any of (i), (ii) or (iii) are present, she lives. Otherwise she dies. The punishment hanging over his head doesn't factor in.