I have spent over three decades in courtrooms ...

[AZProgressive]

116. I Was a Sex-Crimes Prosecutor. Here's Why 'He Said, She Said' Is a Myth

Americans have been told a dangerous myth. It is an old but enduring one, which gives its beneficiaries unwarranted power — and in many instances, is demonstrably false. The myth is that allegations of rape and sexual assault are often simply a matter of “he said, she said”; that when a woman accuses a man of a sexual assault and the man denies it, there is no way to discern the truth and the justice system is impotent. But so-called “he said, she said” cases can almost always reveal much more — if they are properly investigated.

Like many myths, the legend of “he said, she said” originated centuries ago. Under old English law, rape prosecutions could not be brought unless every material element of the victim’s story was corroborated by another witness or evidence. Because sexual assaults don’t usually happen in crowded pubs, this rule effectively barred many cases. Victims of any other type of crime — muggings, robberies, physical assaults — could provide the sole testimony at trial. Rape victims were uniquely excluded from the criminal justice system.

This exception was steeped in misogyny. The judges creating the law were all men; rape victims were overwhelmingly women. Women had lower status in that society, and rape claims were one of the few instances where a woman’s word might legally diminish a man’s authority. The institutionalized skepticism of female testimony was based on a medieval male fear of losing power.

The corroboration requirement lasted for hundreds of years and became law in the United States. It blocked the prosecution of most rapes. For example, a study in 1969 showed that New York City’s corroboration requirement resulted in eighteen rape convictions out of 1,085 arrests. An outcry in the 1960s and ‘70s caused many jurisdictions to reconsider their requirement, leading to some notorious debates. Arguing that New York’s requirement was necessary, famed midcentury jurist Morris Ploscowe reasoned that “ladies lie.” Nevertheless, New York abolished its requirement in 1972. Today, most jurisdictions have deleted their corroboration requirement.

https://news.yahoo.com/sex-crimes-prosecutor-why-said-153008089.html

This is worth reading. Police focused on inconsistencies and pressured her to claim she made it up and eventually charged with her a false report. Well a serial rapist was later arrested who took pictures of the rape so it turns out she was telling the truth

https://www.propublica.org/article/false-rape-accusations-an-unbelievable-story


Upon Further Review: Inside the Police Failure to Stop Darren Sharper’s Rape Spree

(Snip)

It wasn't enough for the district attorney's office. This was a "heater" — police shorthand for a high profile case. Prosecutors were hesitant to move too quickly on a local football hero with deep pockets and savvy lawyers, according to two individuals with knowledge of the investigation. They held off on an arrest warrant.

https://www.propublica.org/article/police-fail-stop-nfl-darren-sharper-rape-spree

Less than 1% of all rapes result in felony convictions

About 0.7 percent of rapes and attempted rapes end with a felony conviction for the perpetrator, according to an estimate based on the best of the imperfect measures available.

On the other side of the incident, at least 89 percent of victims report some level of distress, including high rates of physical injury, post-traumatic stress disorder, depression, anxiety and substance abuse.

There has been much wringing of hands about the damage done to American men by accusations of sexual assault, as brilliantly chronicled this week by The Washington Post’s Philip Rucker and Robert Costa.

But any fretting on behalf of those accused of assault should take into account research that shows that millions of victims of sexual assault have paid a serious, measurable price, physically and mentally.

https://www.washingtonpost.com/business/2018/10/06/less-than-percent-rapes-lead-felony-convictions-least-percent-victims-face-emotional-physical-consequences/

I realize Cuomo is only accused of sexual harassment (which was an open secret long before these stories broke) but I wanted to address he said/she said. We don't have he said/she said robberies and they are unlikely to have film or witnesses because these things tend to happen in private.