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Imagine a robbery victim undergoing the same sort of cross-examination that a rape victim does:
Mr. Smith, you allege to have been held up at gun point on the corner of First and Main?
Yes.
Did you see a gun?
No.
Did you struggle with the robber?
No.
Why not?
He was armed.
So you made a conscious decision to comply with his demands rather than resist.
Yes.
Did you scream? Cry out?
No.
In other words, you didn't try to get help for yourself?
I was afraid to.
I see. Have you ever been held up before?
No.
Have you ever given money away?
Yes, of course.
And you did no willingly Never mind. Where were you the night of the alleged robbery?
I met some friends for a drink.
You were drinking in a bar? I see. How did you pay for your drinks?
With cash.
How much money did you have in your wallet?
About two hundred dollars.
That's a lot of money. Did anyone at the bar see that much money in your wallet?
Well, maybe.....I suppose. I had my wallet out a few times. What are you trying to get at?
Well, let's put it like this, Mr. Smith. You've given money away in the past. In fact, you have quite a reputation for philanthropy. You were advertising the fact you had money to spend. How can we be sure you weren't conniving to have your money taken away?
Listen, if I had wanted.........
Never mind. What time did this alleged holdup take place?
Around 11 p.m.
You were out on the street walking at 11 p.m.? Doing what?
Just walking.
Just walking? Were you too drunk to drive? You know that it's dangerous being out in the street that late at night. Weren't you aware that you could have been held up?
I hadn't thought about it.
What were you wearing?
Let's see.....a suit. Yes, a suit.
An expensive suit?
Well, yes. I'm a successful lawyer, you know.
In other words, Mr. Smith, you were walking around the streets late at night, you had been drinking, and you were wearing a suit that practically advertised the fact that you might be a good target for some easy money. Isn't that so? I mean, if we didn't know better, Mr. Smith, we might even think you were asking for this to happen, couldn't we?
