Re: man uses small penis as rape defense. -
August 20th 2012, 04:59 AM
I don't think size really counts in this situation. If the prosecutor has enough evidence to charge rape, I imagine it isn't based just on what the ex-girlfriend says. There's got to be something more concrete there. Regardless of his size, other "tools" (body parts or otherwise) could have been used for penetration, which would still be rape. Clearly we're not sure whether that's the case (kudos to the articles for not giving those kinds of details. Not that we really need to know), but it is a possibility.
If that isn't the case, then the prosecution could drop the charge of rape and refile the claim as sexual assault, holding her captive, etc. My guess is that the prosecution will continue the case and if the verdict ends up being "not guilty" for the defendant, they will indeed refile the claim toward the lesser charge (as some jail time is better than none) since double jeopardy would still apply (although I'm not an expert in Zimbabwe law, haha).
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