Quote:
Originally Posted by PsYcNeT
Well if they aren't convicted, then they are innocent.
I'm not really sure you understand how the legal system works. Once accused, guilt has to be proven yes, however they still have to keep you in custody if they deem you a flight risk or at risk to reoffend. That's up to the judge however.
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What I was trying to say was, without the burden of proof (DNA, physical evidence, witnesses, past history of similar crimes, etc.), a person should not be charged with sexual assault. If there is enough evidence to reasonably believe a person has committed rape, then he should be arrested and charge, otherwise it is just a waste of taxpayer money, and a burden to an already overtaxed legal system.
It is up to the Crown, not the Police to lay official charges. If the Crown does not believe a case can be made, or the victim is not credible, they may decide not to prosecute on those grounds.