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Originally Posted by pig
so how is that different in any other rape/sexual battery trial.
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Because what is on trial is not what happened that night (to a degree), but whether the jury consider the sexual act itself rape.
"Safi is accused of raping Tory Bowen in 2004. He said they had consensual sex, but she said she was too drunk to agree to sex and that he knew it."
It's the job of the Jury to decide whether or not this was rape. Her just calling it rape without any sort of explanation is unfair to the defendant and doesn't support her case it all.
It's meant to stop outburts like "He raped me!" or, "Well, that night, when he raped me...", I'm sure. That just attempts to bias the jury.
Ask yourself this; if you had what seemed consensual sex with a drunk person and were later being tried for rape, what would like the jury to decide on? The person's plain emotional claims "I was raped!" or the facts of what happened that night.