Comparing Rape-Related Cases: Evaluating Criminal Outcomes - Essay Example

Comparing Rape-Related Cases: Evaluating Criminal Outcomes By YOU Your Academic Organization Comparing Rape-Related Cases: Evaluating Criminal Outcomes Two specific articles describe two situations in which suspected rapists were brought before a judge in the criminal courts. In one instance, the alleged rapist was not brought to conviction whereas in the other situation, the alleged rapist was freed of all criminal charges. This paper will describe the cases, evaluate the outcomes for each alleged criminal act, and further describe whether the case outcome was just and fair.

Scenerio one involves a defendant by the name of Khemwatie Bedessie, a worker at a day-care center, who sexually assaulted a 4-year-old boy repeatedly for a period of two years (Wendelken, 2007). Segregating the child from the others in the day-care facility and moving him into the bathroom, Bedessie then performed her immoral acts on the child. This particular case involved a guilty plea on behalf of the defendant, who was cited as saying she "couldnt help herself" (Wendelken). However, during the actual trial, Bedessie claimed that she admitted her guilt only because a promise of prosecutor leniency would be offered.

Despite her claim, a jury convicted her of eight counts of criminal behavior and sentenced her to prison. Scenerio two describes a situation in which a 48-year-old gentleman from Rhode Island was cleared of rape charges stemming from an incident with a 16-year-old girl that occurred over 30 years ago. Taking an interesting spin on the case, the accuser was experiencing a series of repressed memories which showed the defendant performing malicious sexual acts on the woman when she was a teenager.

In 1996, the Rhode Island Supreme Court dismissed the case, citing that without a pre-trial offering evidence, cases involving repressed memories denied admissibility of evidence (Volokh, 2007). There are substantially more differences between the two cases than there are similarities, however considering the evidence and the nature of these crimes, this author tends to believe that both legal outcomes were wholeheartedly justified. For instance, in case scenerio one, Bedessie admitted her guilt (which was further substantiated by testimony from the childhood victim).

In such a situation, Bedessie would have the burden of proof to attempt to prove that prosecutors had offered a deal of leniency in exchange for a guilty plea. In scenerio two, the crime occurred over three decades previously, and the only substantiated piece of evidence was a series of antiquated, repressed memories. Without an admission of guilt on behalf of the defendant, this author tends to agree that the courts would be unable to offer a judgment in favor of the plaintiff, considering that the majority of the evidence is both hearsay and unable to be substantiated.

Some might consider the question of whether these were fair judgments by the nature of the crime and the timeframe in which they took place. For instance, most people in society would agree that sexual crimes against children, especially when initial guilty pleas are given, should be open and shut cases; hence the justification for a prison sentence so long as due process is given. In the second scenerio involving repressed memories, any court in America would have a difficult time providing enough evidence to uphold a conviction especially when the plaintiff in the case is the only credible witness to the alleged event.

To summarize, 100% agreement with both outcomes is the final assessment of both case situations. American laws, today, protect minors from unwanted sexual advances, making this case a reasonably well-executed conviction. At the same time, laws protect individuals from being falsely accused of criminal behaviors based on what this author perceives as being evidence that cannot be supported by tangible facts. References Volokh, Eugene. (2007). Charges Filed 32 Years After Alleged Rape Have Now Been Dropped.

The Volokh Conspiracy, reported by the Providence Journal. Retrieved August 19, 2007 from http://volokh.com/posts/1184371267.shtml Wendelken, Joseph. (2007). Former Day-Care Worker Gets 20 Years for Rape. The Queens Chronicle. Retrieved August 19, 2007 from http://www.zwire.com/site/news.cfm?newsid=18655988&BRD=2731&PAG=461& dept_id=574908&rfi=6