Quote:
Originally Posted by troutman
If you were stabbed, no one is going to ask you what you were wearing, if you were drinking, if you exchanged emails with the accused etc. There is no way to argue consent.
|
Um, yes they would. They would ask what you were wearing to determine if other witnesses (if any) saw you wearing that (to avoid confusion between different events, etc) and if you were drinking, what your behavior was before etc. This information is crucial not just for determining if someone is guilty, but for determining the appropriate sentence. If your drunk and up in someone's face and they stab you, they will go to jail, but for a shorter, often much shorter, period of time. It's about recognizing the contributions to the crime that are outside of the accused control.