This Wednesday we watched clips of movies that had to do with character evidence of witnesses. So the two students up just got to hang loose for most the time. They only managed to get to two cases before the bell rang. I, however, was graced with the opportunity to present on a Thursday. A full hour and 25 minutes. Lucky me.
Thus far, we have only discussed boring things. We have learned rules of relevance, probative value and prejudice, what can be used to impeach witnesses, what information can be introduced about the defendant's past, things like that. On my particular day, we were discussing Rape Shield Laws.
Rape Shield Laws are made to prevent the alleged victim's past being brought up to humiliate, thus preventing her from being raped again... but this time by the system. Back in the day, a victim's past sexual history was used to prove she was unchaste and thus, it was less likely that she was raped and more likely that she consented and was lying. Because only sluts lie, duh.
As if I did not have a perverted enough mind already, the first problem we were asked to discuss had to do with a sadomasochist. Awesome. I did not even know what that word meant until yesterday. This sadomasochist met another sadomasochist and they began emailing back and forth. In the emails, the lady that alleged to be later raped, discussed how she was a "Pushy Button," this meant that she enjoyed pushing the dominant partner to inflict greater pain... despite her being the submissive one who is supposed to keep her mouth shut.
This was to good. While the professor was trying to teach the class about whether or not this should be admitted at trial, I was making faces at my friends and pretended to push buttons. I realize how mature I am... and I realize the seriousness of the issue. I would not laugh it was an actual case, but it was a hypothetical, so I felt as if I was allowed.
After the professor was ready to move on, I decided to ask my question. We decided that this probably would not be allowed because it had to do with past sexual encounters, and those are not allowed. But I asked whether or not it would be allowed to go towards the defendant's state of mind. I made the point, that if he knew she was a "pushy button" he may have felt her response was actually in effort to get him to inflict greater pain... and then I made the remark, they must've had a safe word.
Everyone laughed... except my teacher. He liked what I had to say and continued teaching the class without even a laugh or smile. You can imagine my surprise.
Towards the end of class, we came to another interesting case. THis time it had to do with a man that claimed his alleged victim and him were having consensual sex until he pissed her off. What did he do to piss her off? The book said that while they were doing it doggy style he said, "You like it like this don't you... that is what Todd told me." Oh no he didn't. The court wouldn't allow the specific words be admitted, only that he did something to piss her off. The whole case was whether or not he was allowed to tell his count of the story in its entirety... i.e. could he tell the courtroom that she liked it doggy style... but didn't like people to know this.
The professor took one look at me, identified the smirk on my face and quickly said, I'll cover this one fast since we don't have much time left.
He gets me.
He knew I would not be able to recite this case with any serious tone. And would probably, again, make a laughing stalk of a very serious issue.
I'm taking the liberty of canceling class tomorrow due to all my hard work today. I felt I owed it to myself.
So have a good spring break everyone... and remember to use your safe word.
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