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A. Wound
Since rape can not be consensual sex, the main factor which is used to prove whether it is a rape
case is wound. If woman has a wound, it means that she was struggling against the forced sex. By
this logic, in any rape case, woman has to have wound.
It is important to note that, words spoken in the court from woman who has wound is more reliable
than those who have not. Furthermore, the more wound and the seriousness of the injury make
evidences stronger for the court to listen.
An example of a rape case, a little girl was raped and attacked by a janitor until she had severe
wounds. She was taken to the hospital immediately to receive the skull operation. Twenty days
later, she sent a letter accusing the suspect to the police. Then the police brought the suspect to
her and she confirmed he was the rapist. 1
In most cases, if woman is raped and murdered, the court strongly confirms that it is not consensual
sex. Then further issue for the courtûs consideration is to identify the right suspect by looking
through the evidences related such as hair, pubic hair etc. 2
B. Time
The other factor which is used to prove whether it is a rape case is the length of time before victims
taking any action after the incident had occurred. Those actions include when the victim reveals
about the incident to another person, report to police, and went to see doctor.
If victim waits for a long period before taking such actions, the case tends to be concluded as
consensual sex, not a rape.
Based on the Supreme Court decisions, many cases that women reported rape incident to the police
immediately after it happened, the court tended to consider the case as a rape. For example, the
case that a woman told her family and the police right after the incident, the police arrested the
man on the day after receiving the report. In this circumstance, womanûs words in the court are
credible. 3
1
Supreme courtûs decision no. ¯ı˜/Ò˘˘Û
2
Supreme courtûs decision no. ÙÙÛ˜/Ò˘¯¯
3
Supreme courtûs decision no. ÚÚÙ˘/Ò˘¯Ù, ÚÒÒı/Ò˘˘