10-10-2019, 05:27 PM
Lemon Drop wrote:
[quote=rjmacs]
[quote=Bill in NC]
Just pointing out an allegation of one non-consensual encounter in an otherwise consensual relationship won't be sufficient to interest a prosecutor, setting aside the jurisdictional issues involved.
Lauer will continue to successfully represent himself as just another lecher running a casting couch, all the while "bemoaning" the impact of his behavior on his family, i.e. "I'm so very, very sorry...that I got caught."
I think Matt Lauer is going to survive criminal investigation, but it has more to do with the time passed since the assault and a lack of forensic evidence than their relationship, which is legally immaterial (if politically relevant) to a decision to indict.
To reiterate that she can't be a viable victim because she had consensual sex with him elsewhen is harmful, stigmatizing, and reinforces damaging stereotypes about sex and gender (slut shaming/victim blaming).
I haven't heard anything about this victim trying to press criminal charges, but I think the main issue is that the incident took place in Russia. Lauer knew what he was doing. Russia does not take violence against women all that seriously and even if they did, there is no extradition between the countries. There was no chance that he'd get in trouble for this by committing this violence against a woman in Russia.
Had this been in the US I think she'd have little trouble getting a prosecutor to charge Lauer. There are no statutes of limitations on first degree sex crimes in New York and for second degree it was just increased to 20 years. You don't have to have physical evidence for a rape charge. Criminal laws do not outline minimum requirements for evidence.
Quite true, LD.
There are no minimum requirements (or any requirements) for physical evidence in a sexual assault case, and no victim should ever fail to report an attack because physical evidence is lacking.
An unpleasant truth of our criminal legal system is that prosecutors often fail to pursue cases aggressively, if the evidence (physical, circumstantial, etc.) makes the case more challenging. We shouldn't accept this, but it is empirically true.