He said, she said: Raising the bar in rape cases

Union Leader
January 17, 2017

http://www.unionleader.com/editorial/He-said-she-said-Raising-the-bar-in-rape-cases-01172017_

Sometimes the solution is worse than the problem.

False charges of rape and sexual assault can ruin an innocent person’s life. But such false charges also make it harder for real victims to be believed. Now a handful of lawmakers at the State House want to raise the standard for criminal prosecution.

The House Criminal Justice and Public Safety Committee takes up HB 106 this morning. The bill would require an alleged sexual assault victim’s testimony to be corroborated, unless the defendant had a previous conviction for sexual assault.

By their nature, sexual assault cases rely on the testimony of the two people involved. Juries first have to decide if a crime occurred. They must judge the credibility of the accuser and the accused.

Setting a different evidentiary standard based on a defendant’s prior actions is likely unconstitutional. Requiring third-party testimony or physical evidence of rape would make “he said-she said” cases impossible to prosecute.

A related bill, HB 284, would require judges to instruct juries that neither the victim’s nor the defendant’s testimony need be corroborated.

Proponents of the change argue the current statute unfairly tilts juries toward a victim’s testimony, shifting the burden of proof for criminal conviction.

The Legislature need not meddle with jury instructions. Juries should know that if they doubt which party to believe, they can not reach a guilty verdict.