Tuesday, December 8, 2015

Proposed Law in Scotland Codifies Counter-Intuitive Victim Behavior

Counter-Intuitive Victim Behavior is a pseudoscience that experts use to explain away behaviors exhibited by complaining witnesses that defy logic.  For example, in the Court-martial United States v. Soto, the trial counsel used an expert in Vietnamese culture to explain why a woman of Vietnamese descent would fly from California to Texas two times to visit a man who she stated raped her.  She only made this complaint after she found out that this player was seeing other women, which should not have angered her too much considering she was cheating on a boyfriend of her own.  He was convicted of raping her and sentenced to four years in prison. Thankfully, the Air Force Court of Criminal Appeals reversed the conviction.

In fact, Special Victim Prosecutors use taxpayer's funds at Courts-martial to employ Forensic Psychologists to convince military panels, somewhat the equivalent to civilian juries, that a late reporting after a motive to fabricate manifests is perfectly normal.  Or, that it is perfectly normal for a woman who says she has been brutally raped by a Servicemember to stay in the Servicemember's barracks room, take a shower, and false asleep in his bed, instead of getting into her car and driving home or reporting to the Military Police.  Dr. Veronique Valliere is one such witness who has testified in approximately 50 Courts-martial at $2,000.00 per day for trial.

Apparently, the legislators in Scotland want to pass a law requiring judges to tell jurors "there may be good reasons" why rape victims delay going to police and that it "may not necessarily indicate that an allegation is false" if there was no physical force from the accused or resistance from the accuser.  I guess they also want jurors to disregard their common sense with how things work in the world, too, because isn't sex consensual when there is no physical force from the accused or resistance from the accuser?