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The Rape Charge Filed by the Complainant - Essay Example

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The case at bar concerns the rape charge filed by the complainant who is sixteen years old and the niece of the accused, who is 42 years old. The complainant said she was assaulted at least two times over a period of three days while the niece was staying at her uncle's house for a temporary period…
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The Rape Charge Filed by the Complainant
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Download file to see previous pages It is the onus of the Crown to prove a guilt that erases reasonable doubt to overcome the presumption of innocence that should exceed the evidentiary threshold (Fisher, 2011, p. 811). It was only after the second assault that she filed the rape complaint maybe out of spite of her uncle or it might be that she finally mustered enough courage to come out in the open to file the charge. A number of aspects in the case R. v. W. (1991) stand out, of which three are unusual.
Firstly, the case is essentially that of which side to believe because of the lack of usual corroborating testimonies from other witnesses and this case becomes a case of his word pitted against hers. In other words, this case hinges on credibility as to which side seems to be the more truthful, the complainant or the defendant. For the jury, as sole judges, it all boils down to exercising their best judgment based on common sense and any prior everyday experiences as it relates to this particular case. In this regard, it is not quite unusual for rape victims not to file any charges immediately after an incident for various reasons, such as fear of retribution or shame. It is therefore quite understood why she decided to file a complaint only after a second assault took place. Some victims even take weeks or months before finally deciding to file a complaint, a considerable lapse of time when essential forensic evidence of a crime may have disappeared.
Secondly, it is quite unusual for the trial judge to warn the jury not to start deliberating yet as there might be some corrections pertaining to the first charge filed when it was agreed by both parties to be essentially correct and fair (error-free). What is even more unusual was a short time that elapsed between the main charge and the re-charge, incontrovertible evidence or proof that the judge himself may have entertained some doubts as to the correctness of the first charge and making the re-charge almost as a second thought or an afterthought to rectify something else. ...Download file to see next pagesRead More
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