I don't want to get political here, but as a lawyer, and a human, I find the reaction many people have to individuals who come forward and report sexual assault disappointing to say the least. I often hear the arguments, “there is no physical evidence therefore it must not be true,” or “there are no corroborating witnesses, so she must be making it up,” or “she doesn’t remember all the details, therefore it must not be true.” For some people those seems to be default mindsets and they are simply wrongheaded. The world is not always concrete and there isn’t always a witness, a truthful witness, or a video tape. Sometimes things happen for which the only evidence is the testimony of the two people involved. That doesn’t mean those things didn’t happen. Imagine for a moment that there were no bystanders and no one had video taped Rodney King being beaten by those police officers in Los Angeles. Does that mean it didn’t happen? Had Mr. King come forward and claimed he was beaten by the cops, those cops likely would have all have testified that Rodney King’s injuries occurred due to his own conduct. Mr. King wouldn’t have had any corroborating witnesses, or physical evidence proving his claim –but does that mean it didn’t happen? Of course not. We all know it did.
Every single day of your life, things occur for which there is no physical evidence or corroborating witnesses; but that doesn’t mean those things didn’t happen. For example, lets simplify and personalize to something nearly all of us have experienced. Imagine you had to prove your significant other kissed you on the cheek last night. If you didn’t video tape it, or take a picture, and if there was no one else in your bedroom with the two of you, how would you do that? What if your partner denied it happened? Does the fact that the only way you can prove your significant other kissed you last night is through your own testimony, mean it’s not true? Or it didn’t happen? What if you didn’t have to prove your significant other had kissed you on the check until two years later. Does the fact that you don’t remember what you had for breakfast that morning two years ago, or the color of the sheets on your bed that night, mean that your memory of your significant other kissing you is incorrect? Does it mean it didn’t happen? Of course not. Most of us remember significant events in our lives, were not computers, we don’t remember every possible insignificant detail. It is not how the mind works.
All I am trying to say is listen with an open mind. Just because the only evidence is someone’s memory or testimony, doesn’t mean that what they remember didn’t happen. I am not saying every claim is true; nor am I saying every accused is guilty. I’m just asking you not to prejudge, don’t attack victims, and don’t automatically decide not to believe someone merely because they don’t have any corroborating evidence. Someday, you might be the one needing to prove something and you might not have a corroborating witness, or physical evidence, or a memory of every tiny insignificant detail. None of those things mean, you’re not telling the truth.
Published on September 29, 2018 08:45