People v Rincon-Pineda

 

July 31, 1975: The Supreme Court of California upholds the rape conviction of Leonardo Rincon-Pineda.

The above was an actual and quite brutal rape as can be seen from the judgment. It is included here as a counterblast to feminist propaganda. In this case, the trial judge did not give the jury a mandatory warning about the reliability or otherwise of the testimony of the alleged victim.

In its judgment, the appellate court alluded several times to the writings of Sir Matthew Hale, but Hale was concerned with allegations made by young girls in which there was no corroboration.

In this case, there was plenty of corroboration, including physical evidence, injuries both to the victim and to her attacker, because she resisted and resisted mightily – as do most genuine rape victims subject to the usual caveats.

Rincon-Pineda was actually tried twice because difficult as it is to believe, the first trial resulted in a hung jury. By the time of the retrial, a defense investigator had obviously dug up some dirt on the victim to the effect that she was not a chaste woman, although it was not suggested that she was a prostitute.

By the time of this trial we had already seen the Swinging Sixties including the Summer Of Love and the legalisation of homosexuality, so a woman would have to have been utterly depraved in a case like this to elicit no sympathy at all from a jury.

It is notable though that the appellate court cited feminist propaganda even if it was not actually influenced by it, including the claim that rape was and is a vastly under-reported crime for all the usual vacuous reasons.


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