Nobody downloaded yet

The Rape Charge Filed by the Complainant - Essay Example

Comments (0) Cite this document
Summary
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.2% of users find it useful
The Rape Charge Filed by the Complainant
Read TextPreview

Extract of sample
"The Rape Charge Filed by the Complainant"

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
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1599290-canadian-case-study-provide-critical-analysis-for-three-aspects-of-the-event-either-positive-or-negative
(The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 Words)
The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1599290-canadian-case-study-provide-critical-analysis-for-three-aspects-of-the-event-either-positive-or-negative.
“The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1599290-canadian-case-study-provide-critical-analysis-for-three-aspects-of-the-event-either-positive-or-negative.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
The Relevance of Victim's Volunary to a Charge of Rape
The study attempts to draw out the competing perspectives on the issue and the complex problems, as well as the embedded social assumptions within the discourse. It begins by providing an overview of the law in question, the Sexual Offences Act 2003, the legal framework for the prosecution of rape.
15 Pages(3750 words)Essay
Facebook and the Filed IPO
Facebook recently held one of the largest and most lucrative IPOs (initial public offerings) in the history of publicly traded corporations. The IPO, however, faced immediate criticism and immediate issues. For one thing, it seemed that very few people were actually allowed to buy stock, and those that were seemed to be given special advantages based on relationship with financial institutions or with Facebook itself.
5 Pages(1250 words)Book Report/Review
Floating charge
The charge was created on the 1st of July 2007. However, in February 2008 it was discovered that the company's solicitor had failed to register the charge. In April 2008 Marina and Mortimer applied for a further loan of ' 50,000 from Finance Co Ltd. Finance Co Ltd granted the loan to Imitation Furs Ltd to be secured by a floating charge over Imitation Furs Ltd's undertaking.
15 Pages(3750 words)Case Study
Date Rape
Hampson narrates, “the officers said they believed Rob used a drug to sedate me…I felt completely violated – and so stupid” (Dorman, 2012). Hampson further adds, “I hate him for what he did to me – I doubt he ever loved me” (Dorman, 2012). Date rape can occur to any two individuals who know each other or who have consented to a social engagement.
4 Pages(1000 words)Essay
Law of Rape- Problem question
Before the various types and situational rapes can be classified, the term rape must first be universally defined. According to the Sexual Offences Act of 2003, the definition of rape is: “A person (A) commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents” (s.
9 Pages(2250 words)Essay
Rape
Its effects are on a physical, mental and emotional level. The purpose of this essay is to explore the ways in which rape does affect individuals. Rape does not always include violence, but is often the result of intense anger or hatred towards the
5 Pages(1250 words)Essay
Rape Culture
Feminists define the culture as men finding it exciting to sexually assault women and that they find pleasure in it. Rape culture defends the culture of violently harassing women and in the process affects their emotional well-being.
8 Pages(2000 words)Essay
Criminal justice process for a felony criminal charge filed in a state court
The process consists of a number of serious activities undertaken by professionals who ensure that they provide satisfactory closure to the criminal cases in the states while according the suspects the desired justice, fairness and dignity (Gibson, 2002).
8 Pages(2000 words)Research Paper
Military rape
Military rape is one of the increasingly common sexual crimes which challenges the dignity of the military profession as a whole. Referring to the studies of scholars like Brownmiller, traditionally it was considered as the right of a winning army to rape the women of the conquered.
5 Pages(1250 words)Essay
Criminal justice process for a felony criminal charge filed in a state court
Hence, any act becomes a crime only when the act or action meets the legalities that describe it as such. The concept of crime and criminality is not static, as it evolves and changes with the changing society. The concept of crime can be understood by the use of the consensus and conflict models.
6 Pages(1500 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic The Rape Charge Filed by the Complainant for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us