"No one has perfect recall, particularly not of traumatic events that happened years before a trial starts." Yes! This also I believe is not well explained to juries
HerculePoirot2 - your post at 10.49 more victim blaming rape myth nonsense! Not saying no == yes! Many rape victims freeze, or "go along" with things for fear of further harm or due to intoxication - that ISN'T consent!
This shows that the system has a fundamental lack of understanding of how sexual assault works and how victims respond to trauma in reality totally agree!
"A trial, though, is a measure of whether our actual laws have been broken." You're assuming the jury understood the law!
Hercule I reached your post at 1342 and it occurred to me not once by this point on the thread has anyone (and I include myself to my Shame) has it been suggested that a defendant might be lying! Cos criminals never lie eh? 🤔
"but at the same time, people do lie." Especially criminals!
"Some women do lie though" and so do men!
"Yet, somehow, his inconsistencies don't matter. His history of lack of/non-consent doesn't matter. His behavior prior to the crime doesn't matter, his text-messages before and after don't seem to matter either" exactly!
"Well, unfortunately it is the right of a defendant - in any case - to see the evidence against them. That’s our legal system." Personally given victims/accusers are treated like criminals too (cross examined, expected to defend minutiae of every decision made that barely relates to the incident, has their personal life laid bare...) then I think they too should have the information.
"His perspective should be as small as mine was to make it fair on both sides." That I definitely agree with and anyone arguing against this I wouldn't understand.
"the accused is entitled to an informed defence" I don't see why that means the accuser personally needs to have that information, their lawyers do but they (as witnesses who's evidence should be untainted by additional knowledge like this) don't!
"Let’s not pretend that juries get to hear all relevant evidence, or that the defence don’t manage to get misogynistic bullshit masquerading as evidence admitted, or that the effort to communicate evidence to the jury is always as strong from the prosecution side as it is from the defence, or indeed vice versa" absolutely - which is why evidence presentation needs stricter regulation.
"Because it speaks to a reasonable belief in consent?" I completely disagree - but this is exactly why enthusiastic consent should be the marker and what we teach our children.
Decomposing we very rarely agree but I completely agree with you on
"but I think as a society we need to really look at our attitudes around sex and sexual assaults in a whole different light."
I don't agree on selected juries I agree that could well lead to overturning of convictions.
A far better way to create better juries is to create a better society as a whole. For EVERYONE to be better informed about consent, sex, harassment, assault, rape...