Not guilty verdict on rape charge with witnesses

[IsabelleL]

Jurisdiction

Colorado

This is totally hypothetical, I have a creative writing assignment where a guilty man walks free after a trial for rape with a lethal weapon (knife). I hope someone is willing to still answer my questions please!
Back in the 80's, before DNA testing, the man, while with his brother, rapes and violently beats a woman in the woods near a lake. A stranger comes to her aid and the men run off. A police report is filed and two years later the rapist is caught and charged with battery on his girlfriend. She admits she knows about the rape on the woman as well as other women who were all beaten and raped and that leads the police to the case in the story. The man has no prior record.
The problem, is there are 2 witnesses, the victim and the stranger that helped her. The jury needs to find the rapist not guilty though.
-Do I make the rapist and his brother identical twins and neither witness can truly tell them apart? If so, and the twin brother is used as a witness for his brother, saying they were only fishing the whole time, would the brother be accused of aiding a criminal or similar?
If they can't prove which brother actually committed the rape, what happens?
Any advice is appreciated-thanks in advance!

 

[army judge]

Its a creative writing assignment, so be creative.
These days, DNA will neither exculpate, nor inculpate and identical twin.
DNA testing is unable to definitively say which identical twin's DNA is found at a crime scene.

In the past, today, the legal annals are replete with the identical twin alibi.
In some cases, a witness is unable to distinguish identical twin Bobby from identical twin Billy.

Your scenario isn't unbelievable insofar as a crime committed in 1955, versus today in 2015.

 

[IsabelleL]

Its a creative writing assignment, so be creative.
These days, DNA will neither exculpate, nor inculpate and identical twin.
DNA testing is unable to definitively say which identical twin's DNA is found at a crime scene.

In the past, today, the legal annals are replete with the identical twin alibi.
In some cases, a witness is unable to distinguish identical twin Bobby from identical twin Billy.

Your scenario isn't unbelievable insofar as a crime committed in 1955, versus today in 2015.

Thank you for your prompt reply! I tried to be creative, but already received one big REJECT because the instructor didn't think it was believable to have 2 eye witnesses and still get a not-guilty. Why I came up with the twin scenario. So my question now is, what happens at the trial? Can they both walk free? There is no denial that the woman was attacked and raped, just not enough proof that the accused was the guilty one. BUT we know one of them committed the crime. Perhaps the twin brother that did not commit the crime doesn't even show for an eye witness on behalf of his brother?

 

[army judge]

Thank you for your prompt reply! I tried to be creative, but already received one big REJECT because the instructor didn't think it was believable to have 2 eye witnesses and still get a not-guilty. Why I came up with the twin scenario. So my question now is, what happens at the trial? Can they both walk free? There is no denial that the woman was attacked and raped, just not enough proof that the accused was the guilty one. BUT we know one of them committed the crime. Perhaps the twin brother that did not commit the crime doesn't even show for an eye witness on behalf of his brother?

You should have introduced the readers to the identical twin concept early in your story.
Perhaps the main character could have had a flashback to a teenage memory where his twin did something in high school to cause our hero to be expelled.

That way, the reader could imagine (as could your instructor) that the evil twin could appear when the good twin was achieving great success in life to ruin him, just as he did in high school.

In the interest of full disclosure, I have written a couple legal novels published in paperback under a nomme de plume.

I am currently working on a treatment of one for a movie script. I don't care if it ever hits the screen as I simply enjoy writing.

Okay, can the twin on trial receive a not guilty verdict? You betcha.
The evil twin wasn't on trial, so you could handle it like Matlock and Perry Mason did, let the viewer draw that conclusion by inference and innuendo.

Good luck.

 

[shrinkmaster]

Without reading your work I have some ideas of what might have gone wrong in your story and why it was deemed unbelievable. I once had an assignment in a creative writing class in High School that involved a mock trial. I was the defense Attorney and my client was guilty (I was not told this) I found reasons I could use to put "reasonable doubt" in jurys mind. I got an A because my case was hung jury with it 8 to 4 not guilty. Heres what I think.
. You failed to discredit the eye witnesses
. You failed to show reasonable doubt
. You make the eye witnesses to credible which I suspect is why yo uwere told what you were.

Even without Twin theory you can pull this off you need to find reasons for the jury to question what witnesses saw.

 

[IsabelleL]

Without reading your work I have some ideas of what might have gone wrong in your story and why it was deemed unbelievable. I once had an assignment in a creative writing class in High School that involved a mock trial. I was the defense Attorney and my client was guilty (I was not told this) I found reasons I could use to put "reasonable doubt" in jurys mind. I got an A because my case was hung jury with it 8 to 4 not guilty. Heres what I think.
. You failed to discredit the eye witnesses
. You failed to show reasonable doubt
. You make the eye witnesses to credible which I suspect is why yo uwere told what you were.

Even without Twin theory you can pull this off you need to find reasons for the jury to question what witnesses saw.

Thanks for your reply, and yes, I have reworked the eyewitnesses to be less credible and unable to prove without a reasonable doubt, etc..
My question now is about the technical side of the trial process and if both brothers should be present in the courtroom, or only the accused brother. What happens next exactly? Does the accused walk free? would they both walk free if the other brother is present-knowing that ONE of the brothers did commit the crime? Thanks again for your time!

 

[shrinkmaster]

What happens is up to you. both brothers can be in court room long as the one not accused is not a witness for either side. Who walks free depends on you really. As a writer you can take some liberties

 

[IsabelleL]

What happens is up to you. both brothers can be in court room long as the one not accused is not a witness for either side. Who walks free depends on you really. As a writer you can take some liberties

Thanks so much, but let me get clarification...
-the 'innocent' twin brother can't be an eyewitness for his brother to say they were together somewhere else as the alibi?
-And also, the accused brother then gets a 'not guilty' verdict, or the case gets thrown out; at the preliminary hearing or the trial, which would be more accurate?

 

[shrinkmaster]

No a witness cannot be in courtroom since it might impact his own testimony. So if the non charged twin is on witness list he would likely not be in courtroom

 

[IsabelleL]

No a witness cannot be in courtroom since it might impact his own testimony. So if the non charged twin is on witness list he would likely not be in courtroom

Thanks, That makes sense, so then would the case be thrown out at the preliminary hearing or would it still go to trial and there would be a 'not guilty' verdict?

 

[shrinkmaster]

Its your story! If its thrown out at pretrial your story is over! As I stated as a work of fiction you can manipulate some things so your story can flow better

 

[IsabelleL]

Its your story! If its thrown out at pretrial your story is over! As I stated as a work of fiction you can manipulate some things so your story can flow better

Thanks-yes it is my story, but the trial is just a small part, (although it's the key turning point in the story) and the ending is based on what happens in this trial. The assignment was to make sure a guilty person went free, so there isn't that much freedom with the manipulation. The instructor wants us to learn how to research and reach out for expert help, not just make stuff up that is unrealistic...why she didn't except my first purely 'writers interrogative' not guilty verdict. I've dug through a lot of online law resources and can't find a case that matches enough to use as a reference. The criminal has to go to trial and walk free. I just need to verify that it wouldn't get thrown out before that happens. Thanks again for all your help!

 

[cbg]

Is it necessary that it be in the 1980's? Could it possibly be set earlier? I have half an idea but it's a little unformulated yet.

 

[IsabelleL]

Is it necessary that it be in the 1980's? Could it possibly be set earlier? I have half an idea but it's a little unformulated yet.

Well, since the entire story is already written in the 80's I would say yes, it's necessary, but what is your idea-if you want to share?

 

[cbg]

(I am also a writer) It's not quite formulated yet - I will as soon as I make some sense of it.

Meanwhile, you might want to find an early Agatha Christie called "Partners in Crime" and read a story called "The Unbreakable Alibi". It might possibly give you some ideas.

 

[ElleMD]

I read a book with a vey similar plot line. It was two HS kids who raped the girl and got off because there was no "proof" it was rape and not consensual. I am trying to recall the author or title but can't.

 

[IsabelleL]

(I am also a writer) It's not quite formulated yet - I will as soon as I make some sense of it.

Meanwhile, you might want to find an early Agatha Christie called "Partners in Crime" and read a story called "The Unbreakable Alibi". It might possibly give you some ideas.

Thanks for the lead on the Christie book! I will try to check it out. I know I won't have time to read it before this assignment is due though. (next Tuesday) So can you give me your opinion on what would technically happen in the trial if they can't prove the accused twin committed the rape? Do you think he'd get a not guilty?

 

[ElleMD]

If it can not be proven that the guy committed the crime, then yes, he would be found not guilty.

 

[cbg]

It's just a short story - only a few pages long. I mean, the whole book is definitely worth reading, but the story about the alibi is not long. It's a collection of short stories about a pair of private detectives - each story is a single case.

If they can't prove which one of them committed the crime, that's reasonable doubt.

 

[Betty3]

So can you give me your opinion on what would technically happen in the trial if they can't prove the accused twin committed the rape? Do you think he'd get a not guilty?

If they can't prove beyond a reasonable doubt he committed the rape, then yes he would be found not guilty.