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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2018Do7709 Decided October 25, 2018 【Rape; Special Bodily Injury; Bodily Injury; Special Intimidation; Intimidation; Violence】* First draft [full Text]
Summary
[1] Meaning and limitation of the principle of free evaluation of evidence
Degree of an inner conviction required for a guilty verdict in a criminal trial and where credibility of statements given by victims, etc. is recognized
[2] Matters to be taken account of in a trial of sexual assault or sexual harassment and method of determining probative power of a statement made by a victim of sexual assault
[3] Standard and method of determining the existence of assault and intimidation on the part of an offender to establish the crime of rape
[4] Where a victim’s statement is the only practical evidence to prove the facts charged in the crime of rape, whether the circumstance indicating that the defendant’s statement lacks empirical rationality and the contradiction in and of itself may serve as an indirect circumstantial evidence underpinning either the credibility of a victims’ statement, or, coupled with a direct evidence of a victim’s evidence, the facts charged (affirmative)
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