I could never work in the Criminal context.
We’re spending all of two days on rape in Criminal Law this week, but just reading the cases makes me so incredibly angry and ashamed (by association). The justifications for disallowing rape convictions in the past, the former requirements for “active resistance” by victims (and the implicit resistance requirements that remain even after statutory reform purporting to help victims), the apparently sincere defenses of rules that divest victims of legitimate claims… it all infuriates me.
It doesn’t help that the cases we are reading are those on the borderline, those meant to demonstrate how difficult it is to draw lines between protecting victims and protecting wrongfully accused (or honestly mistaken… which is another issue for me) defendants. These are not even the most horrific cases, just the borderline ones, and yet I still find myself outraged. I am firmly for erring on the side of caution; this is a case in which the Criminal Law should act to enforce ideal behavior.
I cannot imagine having to deal with these kinds of cases every day. I would never last.