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Politics : Politics for Pros- moderated
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To: MulhollandDrive who wrote (14208)10/28/2003 3:01:57 PM
From: Lane3  Read Replies (2) of 793777
 
such a person should really consider what? not report the rape because her particular case is so fraught with these difficulties?

is susan suggesting she is making a false charge of rape or that merely since the case is so difficult she should never have come forward.

Estrich didn't say that the woman should not have reported the rape. What she said was that it shouldn't have been prosecuted by the prosecutors. Her main point was:

<<The prosecution blew this one by not exercising its discretion, by not treating rape like they do every other crime.

Hard cases make bad law. From the perspective of the laws that protect victims' rights, this is a train wreck waiting to happen.>>

She doesn't speak to what the woman should have done. I didn't get the impression that she was criticizing the woman's coming forward.

This IS a potential train wreck from the perspective of victims rights. It reminds me a bit of the "under God" case. I'm sure you know that I'd like the Pledge restored to its original form. But I posted myself silly complaining about the jerk who brought that suit because he's such a totally unsympathetic character and his case is so shaky that it could set my cause back decades. I think Estrich is reacting to this case as I did to that one. We always hope that significant cases in causes that we care about are presented in the best possible light. The Bryant case is not promising in that regard.
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