
The Trouble with Teaching Rape Law (2014) - Tomte
http://www.newyorker.com/news/news-desk/trouble-teaching-rape-law
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As for law students being too emotionally sensitive to handle the details of a
case, how could shielding them from it help anything? What happens if they are
a lawyer in a criminal trial on the subject? Will they just have a tantrum and
refuse to review the evidence/statute and present an argument? It should be
obvious that criminal law students who refuse to assess any class of criminal
case can not reasonably be considered ready to prosecute or defend criminal
cases.

I feel very sorry for the people who have to choose between being put in
disciplinary peril, or producing lawyers who will apparently faint and clutch
their pearls if you even _discuss_ a case.

None of the catchy "second rape" thinking and rhetoric changes anything about
why there are standards of evidence. An attempted murder trial involves victim
testimony. An assault trial involves victim testimony.

If you are the victim of a crime that only you witnessed, you are the only one
who can provide testimony, and if you provide testimony, you must be cross-
examined. If you accuse somebody of a serious crime, then there had damn-well
better be a well-conducted trial or a plea. You can't just send people to
prison on unexamined testimony and hearsay.

