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William & Mary Journal of Race, Gender, and Social Justice

Authors

Jason Wool

Abstract

This note evaluates the use of language orders in date rape trials in which the defense is consent through a case study of State v. Safi, in which Tory Bowen claims that Pamir Safi date raped her. In that case, the trial judge granted a motion by the defense to prevent the prosecution and any of their witnesses from using words such as "rape" and "sexual assault." Using State v. Safi as a starting point, the author examines the use of such trial orders from the perspective of both defendants and victims. The author concludes that a modified version of such language orders would effectively preserve the presumption of innocence afforded to all criminal defendants without sacrificing a fair opportunity for victims to see their attackers convicted.

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