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De Anza Rape Case Sends Bleak Message

Publication Date: 
May 28, 2007
San Jose Mercury News
Sue Hutchison

The "San Jose Mercury News" quoted Professor Robert Weisberg in a piece about the De Anza College rape case:

"In California law, the notion of consent is tied up with the notion of force, and it's hard to analyze what constitutes force or consent if it's not verbalized," said Robert Weisberg, a Stanford Law School professor who runs the Stanford Criminal Justice Center. "Then if there's alcohol involved, communication becomes even more blurry." Add difficulties with memory or not being able to conclusively identify attackers and you have a non-case, even if it's clear to everyone that a crime was committed.


Weisberg, for one, was quick to defend the district attorney's office. "This is a very tough office with very good credibility on strong sexual assault prosecutions," he said. "I personally know of some rape victims in this county who were very pleased by the way their cases were handled."