Differing degrees of rape?

[Jenny A]

No, I am not arguing women be compelled to testify against their will, unless they are implicated in other crime and this is their plea bargain. What I am arguing is if the prosecution could nonetheless build a sufficient case to prove lack of consent at the moment of the act, the prosecution should not forgo the case merely because the woman gave consent ex post.

Good luck with that. If the case is built out of what she told her girl friends, it's hearsay and not admissible. So unless we are looking a victim deciding that violent crime in public was okay after the fact there's no way to do it without the victim's testimony. And if it requires tons of facts about her sex life and what happened to her in graphic detail (which it will), it still amounts to a second rape if she doesn't want to prosecute.

Besides, we might be talking about a non-consenting spouse. And trust me, losing a husband to prison if she doesn't want to, may worse than sex for which she did not consent.