He said, She said

On a sports forum a bunch of people are discussing this case with Jameis Winston possibly raping a girl. Apparently there is no evidence other than the fact that they had sex, and she states that it was rape. In many rape cases it comes down to a he said, she said type thing. He says it was consensual, she says it wasn't.

Now I am not asking about this case specifically, but rather just using it as an example, who do you tend to believe in these cases? The easy answer I saw is not enough evidence means not guilty. However, if a guy and girl are alone and he wants to go further than her, not a ton of evidence is going to exist.

I don't generally believe anything. Each case comes down to believability.

AliHajiSheik said:

I don't generally believe anything. Each case comes down to believability.

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How do you determine believability?

Kreton said:

On a sports forum a bunch of people are discussing this case with Jameis Winston possibly raping a girl. Apparently there is no evidence other than the fact that they had sex, and she states that it was rape. In many rape cases it comes down to a he said, she said type thing. He says it was consensual, she says it wasn't.

Now I am not asking about this case specifically, but rather just using it as an example, who do you tend to believe in these cases? The easy answer I saw is not enough evidence means not guilty. However, if a guy and girl are alone and he wants to go further than her, not a ton of evidence is going to exist.

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There is no "generally". I judge every instance of these he-said/she-said rapes on the totality of the circumstances. And by what is reported in the media since I'm not in the courtroom. I will say, however, that I often approach such accusations with a "prove it" attitude. And because it's often two people alone, it's not unusual that proving it would be difficult.

MaggieD said:

There is no "generally". I judge every instance of these he-said/she-said rapes on the totality of the circumstances. And by what is reported in the media since I'm not in the courtroom. I will say, however, that I often approach such accusations with a "prove it" attitude. And because it's often two people alone, it's not unusual that proving it would be difficult.

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I think generally fits, because there are so many of these cases out there. Most, or all, will never go to court. We don't really know the two people involved. So their credibility with us is pretty much even. The circumstances many times is simply just he said it was, she said it wasn't.

I agree that it is difficult to prove a case, so then should it just be dismissed and forgotten?

Kreton said:

I think generally fits, because there are so many of these cases out there. Most, or all, will never go to court. We don't really know the two people involved. So their credibility with us is pretty much even. The circumstances many times is simply just he said it was, she said it wasn't.

I agree that it is difficult to prove a case, so then should it just be dismissed and forgotten?

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If it's just he-said/she-said, I doubt there would be a prosecution.

But how did the victim act afterwards? Did she go home and report it a few days later? Did she call a rape hotline? Did she call the cops right after it happened? Go to the hospital for a rape kit? Insist that her BAC be checked? Cooperate with prosecutors? Did she know the accused? What's her history? Is she credible?

Sorry all, I know the victim isn't supposed to be put on trial; but in a he-said/she-said, I understand why that sometimes seems to be the case since credibility is everything.

This may be the most ridiculous poll I have ever seen. Do you generally believe the accuser or the accused, while ignoring all other factors? Gosh that is a tough call. Do you presume guilt or innocence? Hmm...

MaggieD said:

If it's just he-said/she-said, I doubt there would be a prosecution.

But how did the victim act afterwards? Did she go home and report it a few days later? Did she call a rape hotline? Did she call the cops right after it happened? Go to the hospital for a rape kit? Insist that her BAC be checked? Cooperate with prosecutors? Did she know the accused? What's her history? Is she credible?

Sorry all, I know the victim isn't supposed to be put on trial; but in a he-said/she-said, I understand why that sometimes seems to be the case since credibility is everything.

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I know in this case she did call the cops right away and I understand the value of that question, as well as getting checked out. However, did she know the accused, is she credible, or the bac I dont see the relevance of. Thats what gets me in a lot of these cases. The prosecution sees that she was drinking or slept with someone else recently so then she must be lying? The way these cases are perceived is pretty messed up.

ttwtt78640 said:

This may be the most ridiculous poll I have ever seen. Do you generally believe the accuser or the accused, while ignoring all other factors? Gosh that is a tough call. Do you presume guilt or innocence? Hmm...

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I put on there, and explained that many times there are no other factors.

Kreton said:

How do you determine believability?

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The same way anyone else does. It is certainly more reasonable than just picking one side all the time.

Kreton said:

I put on there, and explained that many times there are no other factors.

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Then the question is: Can one person be convicted of a felony simply on the word of another? I certainly hope not.

Kreton said:

I know in this case she did call the cops right away and I understand the value of that question, as well as getting checked out. However, did she know the accused, is she credible, or the bac I dont see the relevance of. Thats what gets me in a lot of these cases. The prosecution sees that she was drinking or slept with someone else recently so then she must be lying? The way these cases are perceived is pretty messed up.

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BAC would be helpful if her level was .16-.20, wouldn't it? She would be unable to give consent. A person accusing anyone else of a crime should be judged on their credibility. We do it all the time in the courtroom. "Ms. Jones, is it true that you were convicted of perjury?" That's relevant. "Is it true that you were convicted of fraud?" That's relevant.

A woman's past sexual conduct isn't admissible as far as I know. Nor should it be.

Both of them are guilty of being incredibly moronic.

Him - For not realizing that he isn't a regular, everyday, run of the mill student. There are/will be people who want whatever they perceive his magic to be. Most of those people can/will do him no good. Also, there is no future in purposely banging drunk women. It isn't worth it. In fact, it isn't all that enjoyable unless both of you got blasted and ended up in bed. Even then it's better when you aren't ****ed up. Point is, it can happen that a sober woman feels terribly guilty and embarrassed and ashamed for her behavior when she was drunk. If we were all gentlemen women wouldn't feel that way. Unfortunately there are more than a few boys - not men - out there who are complete sh*t heels the morning after. Women can't be sure. Wilson, good or bad, right or wrong, gentleman or not should realize that his celebrity is a double edged sword. Pun intended.

Her: In a perfect world women could sleep with whomever they bloody well please just as men do and not worry about it. Well, that day isn't here yet. Women should be able to drink just as men do and not have to worry about being taken advantage of. That day is far from being here. Is it right or fair or just. No, it is reality. A drunk woman isn't "asking for it" nor does she deserve being taken advantage of, but that doesn't change reality. Our woman in question should not have gotten trashed. If she planned on getting trashed she should have been with people she trusted completely and she should have had a buddy system thing going with other girl friends. No women should accept any drink from someone she doesn't know. At that age and in college no one should.