The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 words

The Rape Charge Filed by the Complainant - Essay ExampleIt is the onus of the bloom to prove a guilt that erases reasonable doubt to overcome the presumption of innocence that should exceed the evidentiary threshold (Fisher, 2011, p. 811). It was only after the second usurpation that she filed the rape complaint maybe out of spite of her uncle or it might be that she finally mustered enough courage to come out in the splay to file the charge. A number of aspects in the case R. v. W. (1991) stand out, of which three are unusual.Firstly, the case is essentially that of which side to believe because of the lack of usual corroborating testimonies from another(prenominal) witnesses and this case becomes a case of his word pitted against hers. In other words, this case hinges on credibility as to which side seems to be the more truthful, the plaintiff or the defendant. For the jury, as sole judges, it all boils down to exercising their best judgment based on common sense and any prior chance(a) experiences as it relates to this particular case. In this regard, it is not quite unusual for rape victims not to file any charges immediately after an incident for various reasons, such as fear of retribution or shame. It is therefore quite understood why she decided to file a complaint only after a second assault took place. Some victims even take weeks or months before finally deciding to file a complaint, a considerable lapse of condemnation when essential forensic evidence of a crime may have disappeared.Secondly, it is quite unusual for the trial judge to warn the jury not to separate deliberating yet as there might be some positionions pertaining to the first charge filed when it was agreed by both parties to be essentially correct and fair (error-free). What is even more unusual was a short time that elapsed between the main charge and the re-charge, incontrovertible evidence or conclusion that the judge himself may have entertained some doubts as to the cor rectness of the first charge and making the re-charge almost as a second suasion oran afterthought to rectify something else.