The Trump (and Other) Rape Trials — Questioning the Accuser
In a New York Times article, Jessica Bennett apparently argues that there are certain questions that are not fair game on the cross-examination of person making accusations of rape.
Q.: “Did you scream?”
A.: “I’m not a screamer. I don’t need an excuse for not screaming.”
Get LetsBeFair’s stories in your inbox
Join Medium for free to get updates from this writer.
Perfectly reasonable question; perfectly reasonable, and persuasive, answer.
The flawed premise underlying Ms. Bennett’s argument, like that of many arguments now appearing on both the left and the right, is that there are certain questions that cannot even be raised. Let both the questions and the answers fly, and let’s see where the truth falls.
Ms. Bennett’s premise is not the only flaw in her arguments. She claims that questions such as, “Did you call the police?” and “Did you tell anyone?” are “illogical.” When a defendant claims the alleged encounter never happened or that there was consent, these questions are hardly illogical, and that is true whether the allegation is rape or other physical assault as to which there are no witnesses.
To “support” her arguments, Ms. Bennett throws in the completely irrelevant allegation that the defense attorney’s law partner once made an offensive remark about a woman’s anatomy. Apparently, the position Ms. Bennett proffers is that asking whether the accuser called the police is “illogical,” while referring to an irrelevant remark allegedly made by the law partner of defense counsel is somehow “logical.”
Advancing clearly flawed arguments, rather than thoughtful analysis, does not advance the legitimate point that there are public misconceptions as to the way a truthful rape victim would act and respond. Once again, we see overkill that hurts, rather than advances, progressive positions.
