Eye Opening Jury Duty

 

I am sorry that I have not posted anything for about the last week. However, last week I had the eye opening experience of serving on the jury for a criminal trial. It was a case involving three accounts of sexual battery. For each account the jury had the choice of three different charges or not guilty.

While the facts surrounding the case where unpleasant, it was not the case but rather the jury that has caused me sleepless nights. Most women who experience sexual battery never report it. When I was a child, it was because the victim, not the defendant, who was put on trial. Her character was questioned and dragged through the mud.

My mother taught my brother and me two very important things. For my brother, she said, “A women should be able to walk down the street buck naked without being sexually assaulted.” Her truth to me was a little different. For me, it was “Don’t advertise what you are not selling.” At the time, I thought the statements contradicted each other. But, now, I understand them more. Anyone should be able to walk down the street safely regardless of their state of dress or undress. However, it is in my best interest to not present myself as a victim.

But as the decades have passed, I thought that society’s attitudes toward the victim had changed. I was mistaken.

I heard these reasons for not pressing the most severe or, in fact, any charges:

• She did not leave after the first time. So, she was giving consent.
• She asked for it.
• He is young. I don’t want to ruin his life.
• They had a child together (over a year ago), so he had permission to continue taking it.
• Guys have needs.
• After waking (the act occurred in her sleep), she did not immediately call the police.
• I have done the same thing with my wife. If I convict him, I am guilty too.
• She said that she wanted to work it out.
• Both parties were using street drugs.

The jury actually agreed that a sex act occurred. We agree the victim was asleep at the time, because this fact was stated by both the defense and the prosecution. The question was entirely over consent.

When can consent be given? Can it be given after the fact? This is what hung our jury of six individuals. Some individuals believed that consent for a sexual act could occur after the act. Personally, I believe that after the fact you may give forgiveness, but not permission.

What difference does this make? Well, in this case, the only thing the two parties differed on was what was said the next morning. The female said she flipped. The male said that she responded with “Oh, that’s ok. I love you.” The timing of consent question would have removed this issue.

So, What do you think? Is it legal consent if it is given after the fact?

Does your opinion change if I tell you that the defendant accepted a plea bargain as our jury hit its 4th hour of deliberations?