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Criminal Law Spring 2017

V.H. Proof

Criminal prosecutions, strictly speaking, are between the state and the defendant. In homicides, the victims are, for obvious reasons, absent. How should the criminal system deal with rape victims? In rape cases, the criminal system has attempted to balance the defendant’s rights to confront his accuser and prove his case with the concern for victim’s privacy and dignity. As with rape law more generally, the cases in this section pose provocative questions about where the proper balance lies, and reflect the process of law and social change.