Quote:
Originally Posted by GioforPM
If his story is disbelieved, either because it lacks internal or external credibility, he can be convicted. "He said/she said" cases are quite numerous and often can correctly result in a conviction.
In fact, it might only be a one-sided story. Example: Shoplifter walks out of a store, gets caught and says "I just got distracted and forgot to pay". The judge (no jury for summary conviction crimes) can believe her (acquittal), be undecided as to whether or not to believe her (acquittal) or disbelieve her (her evidence is disregarded, leading to a conviction).
I have actually had all 3 happen in my long ago criminal law cases. What was a bit surprising was which of my clients was believed and which was not. I had a girl who took half of a pack of hairbands who claimed she was going to ask to buy a partial package, and forgot they were in her pocket - stupid right? She was acquitted. I had a couple who put an item on their baby carriage and said the baby was screaming so they left the store, forgetting the item was on there. They were not believed and convicted, though in my mind it was a far more likely story (in the judge's defence on the latter, it was a more expensive item and therefore less likely to be forgotten).
|
Well I'm no lawyer but you comparing a shoplifter who was caught red handed to an woman accusing a man of rape without any supporting evidence isn't even remotely close to the same thing. Kane wasn't caught doing anything. A woman is accusing him of something but there's no witnesses of the act and apparently this rape kit had nothing. Like I said I don't care one way or another but I simply see nothing here that says Kane was without a doubt guilty of rape.
Not sure why some of you love these types of discussions and topics as IMO it's embarrassing that this thread has hit 60 pages in a Calgary Flames forum. I don't like the topic rape and I don't like jumping to conclusions daily on Kane being a rapist or her being a liar. I don't dislike Kane like others so I'm not clinging to this in hopes he is found guilty and I don't like how everyone seems to jump to conclusions whenever a celebrity or athlete is implicated in something bad. I just want it to end one way or another so this thread can die or maybe have the thread moves to the other forums so the people that want to talk hockey aren't reminded of this case every day.