Tiffany 

Hello Class,

From my first experience, I can safely say that the only way a prosecutor will not charge for rape is not so much based on the stereotypes or pre-incident relationship of the victim and offender. Still, more so, the amount of evidence or lack thereof to prove the assertion that some form of sexual activity took place, and the other party did not or could not consent to such an act. Maybe there is a prosecutor’s office in a rural jurisdiction that would still adhere to some misconception or stereotype of rape between acquaintances; however, all the ones I have interacted with in multiple states and jurisdictions accept that acquaintance rape is real. Also, let’s be clear. Generally, a prosecutor’s office will not charge a subject except in a limited number of examples, such as a grand jury indictment in Virginia. Typically, an investigative body within a law enforcement organization procures the charge.

As a jurisdiction’s chief prosecutor, the only policy “change” or precaution that needs to be implemented is simple. Suppose probable cause is sufficient to take charges and move forward into the courts, which is what happens. Most of the time, a case “dies” before it goes to court because there is insufficient evidence to be fully used. Taking away someone’s freedom by throwing them in jail and destroying their reputation with an accusation must be backed up by evidence. This policy is further upheld and enforced by the series court system’s series of checks and balances low for an appeal process on both sides.

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