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View Diary: Tsarnaev Presumed Guilty: Government Leaks Ill-Gotten Incriminating Statements (180 comments)

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  •  I sat on a jury once. It was a statutory rape (1+ / 0-)
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    case between a 35 year old man and a 15 year old girl. They were in a relationship, the parents found out, he was prosecuted. No one on the jury had ever heard of it. No one knew the parties.

    The guy ended up going free because there was a PHARMACIST on the jury who tried to swing his "medical credentials". The evidence was that an ER nurse that the parents took her to the night they caught them having sex examined her and stated that there was sexual contact. She testified that there were no bruises or other signs of force. All visuals were "within normal limits".

    The pharmacist refused to vote him guilty. We deliberated for hours, went to the judge twice to tell him it was a hung jury. He made us go back and deliberate longer. It took 2 days. It was essentially open and shut. The father saw them having sex. The girl admitted she had a relationship with him. The nurse testified that she had sex with him.

    But the pharmacist believed that because it wasn't forcible, he wasn't guilty. No matter how you try to explain to the guy the difference between forcible rape and statutory rape.

    So, juries can be stupid. No matter whether there is previous publicity or not. That's our jury system. It's a risk.

    I'd like to start a new meme: "No means no" is a misnomer. It should be "Only 'Yes' means yes." Just because someone doesn't say "No" doesn't mean they've given consent. If she didn't say "Yes", there is no consent.

    by second gen on Fri May 03, 2013 at 12:16:44 PM PDT

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