RE: How the fuck is there a statute of limitations for rape in New York?
October 14, 2016 at 3:48 pm
Courts and juries aren't required to find "proof", they are required to find "proof beyond a reasonable doubt", and there is a big difference.
So take into account the fact that:
1) The woman arrived at hospital, battered, bruised, in emotional shock, claiming to have been raped.
2) DNA in the form of sperm was found in her vagina.
3) Most woman who claim to have been raped, were in fact raped.
With those facts in mind, if the DNA was found to match some man in the future (say, 10 years later), and he was known to have been in the area where the woman was raped at the time, would those facts be enough to provide proof beyond reasonable doubt? Most people I think would say yes. No, it doesn't prove with absolute certainty that he raped her, but it seems overwhelmingly likely that he did, given the circumstances.
So take into account the fact that:
1) The woman arrived at hospital, battered, bruised, in emotional shock, claiming to have been raped.
2) DNA in the form of sperm was found in her vagina.
3) Most woman who claim to have been raped, were in fact raped.
With those facts in mind, if the DNA was found to match some man in the future (say, 10 years later), and he was known to have been in the area where the woman was raped at the time, would those facts be enough to provide proof beyond reasonable doubt? Most people I think would say yes. No, it doesn't prove with absolute certainty that he raped her, but it seems overwhelmingly likely that he did, given the circumstances.
