A thief cannot be assaulted by a mob. Law takes its course. Similarly, although her profession is to make love with many people and her character cannot be said to be ideal, a forceful sex with a prostitute is still regarded as rape. That is what a civilized society is all about.
- Her oral evidence - called symptom in medicine.
- Her physical evidence - called sign in medicine.
- Immediate circumstances.
- The symptoms: Without a doubt, women have falsely accused men of rape for various reasons. And many men have suffered. In this case, various claims are made about the lady’s past to diminish the value of her oral evidence. Even then, while a wrong claim clearly shows an evil intention, a right claim about her past still does not exclude a present assault.
- The signs: If her lawyer is telling the truth, her valva had bruises and her shoulder ligament was torn. If proven recent, they mean a lot. While even an animalistic passionate sex would not result in those injuries, especially the later one, her immediate reporting to the hospital staff, then to the police, rules out a passionate encounter. Her lawyer could lie; but such a public lie could cost him his career.
- Circumstances: Her spitting of semen indicates the possibility of oral sex. If so, it also raises the question why her teeth dint injure his manhood. While evidence from immediately involved hotel and security staff, if in her favor, adds to her oral evidence and lessens the effect of her bad past, her reported continued work in another room can easily form an added tragedy of ‘do as you are told’.
While this itself upgrades the lady from the projected unreliable person capable of using imagination to accuse people for benefit, to one who, at least, tells the truth that sexual act did happen albeit refusing a consensual one, it also suggests that the lady’s lawyer did not tell the truth. In its delivered justice, while it doesn’t inform us whether the shoulder injury was mentioned in the report, it leaves out the importance of hotel and security staff.
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