What am I missing?

[okeefe4prez]

no it isnt. she can refuse to testify and that may affect the prosecutors decision...but its not the victims decision.

Unless the woman is dead, a prosecutor will not bring any such case because the only evidence is physical evidence. Without the woman's testimony that she did not consent to sex, there is no way to admit into evidence that the woman didn't consent as the only way to get it in would be hearsay and the accused has a constitutional right to face the witnesses against him - the most material of whom is the accuser.

EDIT - If this was some public act and there were twenty witnesses who heard the victim yelling no, the prosecutor could go ahead, but with only 2 folks in the room, no chance.

 

[tm3308]

no it isnt. she can refuse to testify and that may affect the prosecutors decision...but its not the victims decision.

Unless the woman is dead, a prosecutor will not bring any such case because the only evidence is physical evidence. Without the woman's testimony that she did not consent to sex, there is no way to admit into evidence that the woman didn't consent as the only way to get it in would be hearsay and the accused has a constitutional right to face the witnesses against him - the most material of whom is the accuser.

EDIT - If this was some public act and there were twenty witnesses who heard the victim yelling no, the prosecutor could go ahead, but with only 2 folks in the room, no chance.

This. It may not technically be the victim's decision, but for all intents and purposes it is.

 

[RedHawk]

In make believe land, what if: an incident occurred at Coker's house. The administration questioned him regarding the incident. They did their own investigation and decided Mr. Coker did not answer all questions to their satisfaction. They then gave him a suspension for violating "code of conduct". Ferentz did not agree, Barta did not agree, Coker was not perpetrator of incident, but it was his house...Sally Mason powerplay. So ...will the real perpetrator please stand up.....Mr. McCall. Interesting fictional account.

 

[Hawkfnntn]

At this point it's all just as much made up as it is anything. The only thing that seems to be factual is that she went to the hospital. So it's safe to assume she had sex with someone. I don't know if Coker has even admited to having sex with her or not having had sex with her. Let alone the assault angle. Her having had sex with someone else cause she was ****** at him for unknown reasons and running to hospital and police isn't unheard of either. From what is actually out there right now it's pretty tough to rule anything 100% out.