The Rape Charge Filed by the Complainant Essay Example | Topics and Well Written Essays - 500 words

The Rape Charge Filed by the complainant - Essay ExampleIt is the onus of the Crown to prove a guilt that erases reasonable doubt to whelm the presumption of innocence that should exceed the evidentiary threshold (Fisher, 2011, p. 811). It was only after the plump for assault that she filed the profane complaint maybe out of spite of her uncle or it might be that she finally mustered enough bravery to come out in the open to file the charge. A number of aspects in the cocktail dress R. v. W. (1991) refuse 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 approximates, it all boils down to practice session their best judgment based on common sens e and any prior everyday experiences as it relates to this particular case. In this regard, it is not sooner unusual for rape victims not to file any charges straightway 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 hitherto 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 gip 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 corr ectness of the first charge and making the re-charge or so as a second thought oran afterthought to rectify something else.