L'Emmerdeur wrote:Hermit wrote:To be fair, 42 repeatedly mentioned that Prince may just be remembering the events differently, which is nowhere near accusing her of lying. That sort of thing happens, and it is well documented that memories sometimes have very little in common with whatever actually happened.
I wasn't referring to
Forty Two specifically. His tack of throwing doubt on the veracity of Prince's story aside,
I didn't through "doubt" on the veracity of Prince's story. I read exactly what she was quoted as saying, and noted that what she actually said happened does not, in fact, mean that she was given ruffies or slipped a mickey. She did not know she was drugged. And, she specifically stated that she was given a drink and very shortly thereafter (part way through her consumption of that drink) they left people in the living room, and went to another room, a bedroom, where she was asked to "finish your drink" and then they kissed and ultimately had sex.
L'Emmerdeur wrote:
there are plenty of people who are less circumspect and are all too happy to engage in explicit character assassination directed at alleged victims of sexual assault. I expect you are well aware that a standard practice of defence attorneys in rape cases is to
put the plaintiff on trial. Accusing them of lying is mild compared to some defence tactics, but Blaine's attorney has essentially already accused Prince of lying.
Now, if there is evidence to present of the complainant, or any witness, lying, particularly about a fact of consequence to the case, then that is not unfair to confront the witness with that evidence. "You testified the rape occurred on January 1, 2017, yes?" Answer: "yes." "So, at the time, did you think it was rape?" "yes." "Did you think it was rape on January 2, 2017?" Yes. "What about January 3?" "Yes." "Objection Your Honor! Where is this going? Is Defense counsel going to ask about every day this year?" "Sustained, counsel - is this going somewhere?" "Yes, your honor, I am going to hand the witness Defense Exhibit 7, and ask her to identify it for the record, if she can. Ma'am do you recognize this document?" "Yes, that's an email I sent to Mr. Accused on January 2, 2017" "Yes, it is - and what did you write to Mr. Accused on January 2?" "I wrote 'thank you for a wonderful evening - and I can't wait to see you again - you're the best - we really had a good time and a whole lot of 'fun'," and I added a winky-face after the word fun." "So, ma'am, I ask you again, on January 2, when you wrote that, did you believe you had been raped?"
That is, in a sense, putting the accuser on trial, yes. But that is in no sense unfair. A prime example of that kind of testimony is in the case of Jian Ghomeshi in Canada, where the witnesses were confronted with emails they did not expect the defense to be able to show them, and they were exposed to be outright lying to the police and to the court.
DISCLAIMER: That is not a suggestion that all or most women lie in these cases - I'm not saying that at all. I'm saying only that in cases where there is evidence that ANY witness, male or female, lacks veracity, particularly on a point of fact crucial to the elements of the offense charged, then it is not only right and proper, but mandatory from an attorney ethics standpoint, to confront and cross examine the witness about it.
“When I was in college, I took a terrorism class. ... The thing that was interesting in the class was every time the professor said ‘Al Qaeda’ his shoulders went up, But you know, it is that you don’t say ‘America’ with an intensity, you don’t say ‘England’ with the intensity. You don’t say ‘the army’ with the intensity,” she continued. “... But you say these names [Al Qaeda] because you want that word to carry weight. You want it to be something.” - Ilhan Omar