Cat, every rape has at least 2 eye witnesses. The person being raped and the person who is committing the rape. Please read below from a
criminal defense lawyer website... also I challenge you to google "he said, she said convictions"...read what you find and come back and let's review what you have been saying.
You can only speak to what level of proof it would take to convince you that a crime had committed. There are others who would agree with you. However are also many people who will set a much lower bar.
You continue to want to argue that preponderance is some scientific standard that we can measure like feet and inches or weight. It isn't. Sometimes it may be clear, other times more murky.
Testimony at trial
At trial, the victim’s testimony and credibility will be extremely important, especially if other evidence is limited. Credibility refers to whether the witness is believable and seems to be telling the truth. If the defendant chooses to testify, his credibility also will be very important.
If both the victim and the defendant testify, each person will describe the events and likely will be permitted to testify as to what the other person said during the incident. The two descriptions of the event might be very different. The victim might testify that she said “no” and told the defendant to stop repeatedly and even tried to get away but was held down. The defendant might testify that the other person never said “no” and did not object at any point. In another case, the two descriptions of the incident might be very similar and it might be much less clear whether the victim said “no” or objected.
Trying to reach a verdict in this type of case can be particularly difficult for a jury because both parties might seem credible. The jury may have to decide whether the defendant actually knew that the victim was not consenting based on a fuzzy situation where the two people were not communicating clearly with each other, perhaps using body language subject to interpretation rather than words. Ultimately, the jury must decide whether all the evidence presented proves beyond a reasonable doubt that the defendant committed the sexual act even though he actually knew the victim was not consenting.
Here is another website where
lawyers comment on "he said/she said" cases...the question was asked..."I have heard Juries are very reluctant to convict in a "he said/she said" case and prosecutors are reluctant to bring such cases before a jury for this reason and the cost of a jury trial. So prosecutors always try to add lot of charges & scare you so that you are tempted to take their plea agreement."
Here is what the lawyers had to say...
William Peter Daily Criminal Defense Attorney..."Not sure who you're getting your information from, but it is not accurate. Most DV cases are he said/she said cases, rarely are there other witnesses to what happened. The prosecute these cases daily in San Diego. Your best defense is an experience local attorney who knows the in's and out's of DV cases and can minimize your exposure."
Vijay Dinakar Criminal Defense Attorney ..."Most DV (and sex cases) are "he said/she said" cases where there are no independent witnesses to the battery or sexual assault. While there may be "independent evidence" of injury (photos, medical evidence, etc) this surely doesn't prove who caused this to occur, whether it resulted from consent and can almost never a sustain a conviction without the alleged victim's live testimony (assuming there is no independent eyewitness to the alleged event). That said, I don't agree with your assumption that juries are very reluctant to convict in "he said/she said" cases; if they were there wouldn't be so many convictions in DV and sex cases. If the alleged victim takes the stand and the jury believes that he/she was battered or sexually assaulted, the jury will convict. There is much a good an attorney can do to undermine the alleged victim's credibility however so it is not hopeless if the alleged victim continues to tell a consistent story. I'm not aware of reliable numbers regarding DV conviction rates in San Diego but even if they exist surely there is an element of self selection where the worst cases result in pre-trial dismissals which skews the "conviction rate". Hire the best San Diego criminal attorney you can afford and allow him/her to investigate the matter and fight for your rights. Best of luck."
John M. Kaman Criminal Defense Attorney ... "
I agree with my colleagues in general but the person who started the case by calling 911 is usually the person the jurors believe. That doesn't mean you can't win but the first one to telephone the police has an advantage, particularly if it's the woman."