manu1959 said:you have to prove a crime....consensual sex is not a crime....she has to prove it was against her will....burden of proof lies with the prosecutor not the defendant
That's what I said in post # 2 on this thread.
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manu1959 said:you have to prove a crime....consensual sex is not a crime....she has to prove it was against her will....burden of proof lies with the prosecutor not the defendant
jillian said:That's what I said in post # 2 on this thread.
manu1959 said:not true .... you said that the burden of proof has shifted to the defendant
He doesn't have to prove his "innocence". He admitted to one of the elements of the case, which is sex with the woman. If she can prove, by her testimony, that it was against her will, the burdern of proof then shifts to the Defendant to show that it was consensual, by his testimony and/or the testimony of the witnesses.
jillian said:*Sigh* THIS was the quote...read the bolded area...
Pssssssssssst...even the left of center get to be correct sometimes.
manu1959 said:you are correct what you posted is what you said
what you bolded is not what i posted....your claim was... you posted the same as I....i posted that the burden of proof never shifts to the defendant....you claim is that it has.....
i say no
he has claimed consensual and will present his case as such....thus no crime....he has witnesses to back him up...she needs to prove otherwise.....innocent until proven guilty....
be right all you want but at least admit when you are not correct...i did not post what you posted
jillian said:I have no problem acknowledging when I've misread or when I'm wrong. I said IF she can prove it wasn't consensual THEN the burden shifts.
It's really quite a neat syllogism... If...then
manu1959 said:interesting therory.....stipulating that they had sex is a no brainer...there were three witnesses...they all claim consensual....she has now sobered up and claimed rape....she has to prove rape beyond a reasonable doubt....he does'nt have to prove consensual