...CHAPTER EIGHT Complaints of sexual misconduct Janet Boakes It ù an accusation easily to be made and hard to be proved and harder to be defended by the party accused, tho' never so innocent (Sir Matthew Hale). 8.1 INTRODUCTION Allegations of sexual misconduct are notorious...

...judge informs the jury prior to its deliberations that rape "is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent").5 The marital-rape exemption was abolished in New York in 1984,6 Georgia in...

...Chief Justice Matthew Hale, the court sympathized that "rape is an accusation easily to be made and hard to be proved and harder to be defended by the party accused. . . ." The high court vacated the execution decree and ordered a new trial.45 Although not all cases...

...least to Sir Matthew Hale's famous pronouncement that rape "is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent" (Hale f1650] 1847, 635). Hale's original concern was that if a couple were caught...

...by attorneys, judges, and legal scholars. Hale wrote, "Rape is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent." Until the 1970s, it was standard procedure in the United States for judges...

...Chief Justice of England, Matthew Hale, had declared: "Rape is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, though ever so innocent."18 As recently as the 1980s, many states still required judges to instruct the jury in words...

...Seventeenth-century English jurist Lord Matthew Hale wrote: "rape is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent". Catalan jurist Joan Pere Blaming the victim begins with casting doubts on the...

...jurisprudence regarding rape: "it must be remembered . . . that it is an accusation easy to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent."20 Thus, in this age of primitive forensic medicine, judges were skeptical about...

...penned his famous remark, "It must be remembered, that [rape] is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, though never so innocent" (p. 635). Over the years, Hale's words were repeated by countless judges and attorneys...

...and Gosling, 1734), 635-36. The full statement read: "[Rape] is an accusation easily to be made, and hard to be proved, and harder to be defended by the party accused, though never so innocent." 4 Seymour F. Harris, Harris's Principles of the Criminal Law, 7th ed. (London:...