Originally posted by: DonVito
There is no DNA evidence in the overwhelming majority of rape cases (the number I've seen recently is 85%).
As I stated that is because in most rape cases either condoms were used (no traces of latex found) or the victim did not report the crime for more than 24 hours and had cleaned up prior to the examination. Neither of those happened in this case. This is a case of statistics not being accuratly used.
Can you cite cases where the arrival, "dancing", and departure are photographed.
No, obviously this is unusual. Your questions which are specific to the facts of this case (like this one) are really irrelevant to other cases, and obviously there are few that match.
That is why we are talking about this case. Just as your 85% "rule" was relevant so was my question.
Can you cite cases where five weeks after the rape victim was unable to identify her attackers (they took DNA from all of the Lacrosse team except one) she could now clearly identify them?
I have seen cases like that, yes, where the accuser was either voluntarily or involuntarily intoxicated at the time of the attack (actually I prosecuted such a case when I was in the Air Force). Obviously it weakens the persuasiveness of her testimony.
Wow, too drunk to remember the person but five weeks later they could remember. Considering that she saw pictures of all the team members and potentially saw a list of richest team members, yes, I would say it weakens the persuasiveness of her testimony.
I'm did a quick search "rich lacrosse team members web list rape" but will decline to open any of the links at the moment!
Can you cite a case where one of the rich kids supposedly picked up by a taxi driver (time stamp on the log), driven to an ATM (time stamp), to a fast food place (probably no time stamped receipt), and finally to a dorm (time stamp from swiping his card) all during the alleged rape. I mean to tell you size DOES matter if this information is true!
As I stated above, you're asking about facts so specific to this case that it's obvious I haven't seen something identical. If what you're saying is true (I have heard the same thing, but not from an unbiased source), the relevant defendant will almost certainly be acquitted.
Acquitted from the criminal trial but probably not from a civil case where the rules of evidence change dramatically. I do agree, and stated so although it was not quoted, that the taxi driver could falsify his testimony. If, however, it matches up logs that appear not to have been tampered with, plus an ATM transaction, plus dorm entry (if a log is kept) that would shore up his testimony.
Yep, the information (we will have to see if the information is factual) about this case is becoming stronger and stronger for the lacrosse team. Still, the woman will profit. Jesse Jackson will profit. The lacross team will get screwed.
Now, if all the facts that are being reported in support of the lacross team turn out to be bogus or doctored then I say use them for lab experiments.
I don't see how this woman will profit if she fabricated her story - if anything she'll be a pariah.
If she sues civilly then there will most likely be an out-of-court settlement because the cost of trial would be more than the settlement. Plus, Jackson has already said he would be paying for four years of college even if she is found to be lieing. That sure sounds like a profit to me. Plus, her name may never be known by the masses.
I have no idea if these guys are guilty or not, and I agree the case sounds a little dubious. I am skeptical, though, of the agendas of many of the people who are making the accuser out to be a villain here - I've heard some remarkably misogynistic and racist commentary with regard to this case (I am not referring to you).
As you are, I don't know what happened. Probably not in this forum, but it is possible that she was raped, cleaned up, went to the "party", then claimed she was raped at the party. Heck, she may even believe it.
Worse, the media from both sides tend to give one sided information.
Since you are not one-sided allow me to add my more normal comments. This is a sports team. Even if they are perfectly honest individuals we don't know that and, may I suggest, that most sports teams know how to cheat on exams. Perhaps even DNA exams. Again, I don't know what all happend I can only go by what is being played out in the press, from both sides.
What is clear to see is that in specific cases guilty until dead appears to be the standard.