General Discussion
In reply to the discussion: Justin Fairfax is not being Franken'd [View all]Jarqui
(10,798 posts)One of two things will happen in the MA case:
- either he doesn't speak with police telling them his statement says it all - he has a right to remain silent
or
- he answers only questions his lawyers allow him to answer in the way they want him to answer them and he doesn't answer the rest
Either way, they're going to get a consensual sex story (and probably have already got close to all they're going to get from him)
She might add a few details but they're not going to get evidence anywhere close to attaining unreasonable doubt - because it's all his word against hers.
Jaws are really strong. How did he get her to open her mouth and not bite his dick off? Vaginas don't have teeth. No matter what she says, confronted by a good lawyer or investigator, she already has a problem overcoming this. Some sort of consent had to have been given because she opened her mouth and didn't bite his dick off. Naturally and probably, he intimidated/threatened/scared her. But the point is: this is a much tougher sell - along the lines of 'why didn't you cross your legs?' to a jury. Only takes one juror of twelve to nuke the criminal case ...
I do not like being crass here as Dr. Tyson was probably violated - probably is a victim. But this is how these things go and based on her word alone, it is going nowhere. "Beyond reasonable doubt" is a tough standard of testimony and evidence to obtain - as it should be.
The Duke NC case seems to have a little more with a witness at the time and maybe it wasn't consensual and maybe it wasn't a blow job (I do not know the details). If he claims it was a consensual blow job, without a witness to the act itself, it's pretty much game over for being unable to get a criminal conviction. But again, at this point, we have no physical evidence - no witnesses that actually saw it and no police report. The only evidence beyond her word that we know about is that she told someone about it - apparently around the time of the incident. That's not enough to attain unreasonable doubt. If he claims he never touched her and she's got a stained blue dress, he has a big problem. Because they both admit being friends, if he alleges something consensual, it is almost impossible to get unreasonable doubt without witnesses of the act itself and physical evidence.
For PR reasons, by all means, the police will go through the motions to ask a few questions, etc and fill out a report. But it is highly unlikely to go anywhere in a criminal court because the evidence is so scant. The NC case might have hope if she has more evidence and he claims nothing happened - otherwise, it's over.
Their best chance of getting any justice is via impeachment or getting him to resign and/or as a result, damage his political aspirations.