[Hardy-l] Tess, jaded

[Charles.Anesi at wellsfargo.com]

>if not legal rape, which is difficult to prove even with a more
fair-minded jury 
>If we want to invoke the real law ... this subsequent stage in the
relationship 
>immediately undermines Davis's antecedent claim about what the courts
would have found

I think Rosemarie was saying that, given the facts available thanks to
an omniscent narrator, contemporary readers would have though Alec's
conduct amounted to rape under the *substantive* law in force at the
time.  

Whether an indictment would have been sought or a presentment made,
evidence of Tess's subsequent dalliance admitted at trial, evidence of
Alec's probably numerous prior wrongs and bad acts admitted to show a
characteristic modus operandi, and so forth -- interesting questions but
all irrelevant to Rosemarie's point.   I had written a longer email
dealing with the *adjective* law applicable in this case but in the end,
who cares?  I will say however than under the *substantive* law
subsequent condonation and forgiveness by the woman did not bar a
prosecution for rape. 


Chuck Anesi
charles.anesi at wellsfargo.com
office 480-575-3478
cell 612-940-3345
fax 480-575-3519
 
** These opinions are strictly my own and not necessarily those of Wells
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