General Discussion
In reply to the discussion: Justin Fairfax is not being Franken'd [View all]Jarqui
(10,798 posts)These cases happened 14-19 years ago and they have almost no evidence. And almost no conceivable way to get evidence to achieve "beyond reasonable doubt".
No matter how good the lawyers are. These cases presently have real limits.
Here's some statistics on rape convictions for rational minds to mull over
https://www.rainn.org/statistics/criminal-justice-system
"Out of every 1,000 rapes, 5 will lead to a felony conviction"
In these two cases:
There is no police report from the time.
There is no known physical evidence/rape kit
There is no one who saw it - no witnesses to the actual alleged crime.
No one did a damn thing about these cases for 14 or more years.
Out of those 1,000 rapes, there won't be too many with evidence as scant and old as these two claims.
Therefore, the chances of this getting a conviction in criminal court attaining "beyond reasonable doubt" are arguably substantially less than 0.5% conviction rate above. That's pretty close to the harsh reality here no matter what you say about due process.
You can go ahead and knock yourself out with due process. As many have said, "facts are stubborn things". Fortunately, police and prosecutors know more about this than you & I and they will allocate their resources accordingly. That is the way that it is whether you like it or not. There are probably a bunch of rape cases more likely to bear fruit in terms of a conviction than these two. Resources are finite.
When the Washington Post couldn't even put enough evidence together to print a story, you know the case is in real trouble in terms of getting a criminal conviction based upon evidence that is "beyond reasonable doubt". The only thing that occurred to allow them to go to print was Fairfax responded.
Due process based upon such scant evidence is highly probable to get absolutely nothing in criminal court. The statute of limitations has long passed on civil claims.
By far, the best chance for these women to get any justice is impeachment or getting him to resign. They have to pay their lawyers too which you conveniently overlook. They might as well invest their lawyers time in something that might get them some measure of justice.