Lalo,
Let me try to explain better here.
Truth is a funny thing, we rely either on facts and evidence to arrive at truth, or we rely on a person's word. Humans lie, all the time, most lies are 'innocent' little lies which do little harm, but some lies can do massive damage.
Everyone on this thread has reacted to the Rape word. We all immediately assume that Joe is innocent and did nothing (consented, said yes). And is a victim of some 'monster'.
Yes my gut reaction was vile hatred for the putrid scum that would do this. I have my issues - and knowing that I have my issues thus am seriously biased in such matters, I know to take a deep breath and think real hard about what else could have happened. I have reasons for taking that breath...
Ultimately only two people know what really happened. None of us were there. Like it or not Teens lie - a lot, especially if they think they stand to lose something. I'm not saying that Joe is a liar, I'm saying its a potential that must be considered before leveling accusations as severe as 'rape' and 'rapist' to Frank.
There are also too many cases where 'rape' was declared and the reality was that consent was given and the 'victim' changed their mind about it and called it a "rape".
http://www.theforensicexaminer.com/archive/spring09/15/ gives some interesting 'other side of the coin' perspective. 8-15% of cases (forced rape) are false accusations more or less.
I also recall a gal who attended my group therapies who concocted this horrible story of being a victim, this resulted in destroying her so called 'attacker'. After he plea bargained and was convicted based on that, and after about two years in therapy with us she changed her story.
Understand how that plea bargaining works and how innocent people accept a plea bargain:
http://www.google.com/#hl=en&sclient=psy...55&bih=707 Lots of sites discuss how this works.
Yes innocent people will plead guilty, especially with the DA threatening them with a life in prison. If all you get is 6 months time served and a bit of probation if you say you did it, the risk of life in prison is too big of one to 'fight' the accusation.
She declared rape and then found herself having to tell one lie after another lie in order to keep from having her first lie being found out. In the process of covering her own butt and lying to police, judge, D.A., therapists she ended up wrecking a man's life - an innocent man's life.
This situation left a profound impression on me - I know of three other similar cases (personally knew the 'victim') where a 'victim' who was attending group therapy later changed their tale and a the real victim was the accused rapist. This is why I do not allow my gut reaction to immediately define what happened, I know now that there are other sides to stories and that people lie about such things.
In each case the individual was a victim, everyone felt immediately sorry for them and took their side of the story and were out for blood for the 'attacker'. Few people said '
Hold on a second, is this what really happened?' - instead everyone was just willing to believe the 'victim' and convicted the 'attacker' without hesitation.
Between false accusations, and people who will tell huge lies and the way plea bargaining takes place I am most reluctant to jump on the band wagon and convict a person of such a 'crime' immediately.
This isn't a clear case of Joe holding down Frank and raping him. This isn't a case where Joe slipped Frank the date-rape drug and then proceeded to have his way.
We have a kid who goes to a guy's house for what reason?
Alcohol is introduced and that leads to sex.
What was the conversation?
How did we get from point A to point B?
Was Joe open to the whole idea?
Did he say "No" at any point, or 'Stop' or did he say 'yes'?
We don't know, none of us were there and I only listed a few possibilities of what could have taken place other than the main story here.
I'm not laying blame here, I am pointing out other possible scenarios that could have taken place.
This is a
serious accusation, and unless Kidd knows for 100% certainty that Joe is 100% truthful, the potential for ruining a guys life is huge. This can't be undone once its done.
I have no idea how the police in NZ handle such situations. Here in the States its all about maximizing prosecutions and a lot of innocent people go to jail. Getting the police involved means what exactly in this case?
As for getting up in Joe's grill and leveling such accusations, I hope to God you have more than a 16 year old's word - some sort of evidence.
Baseball Bats? Stabbing? These are all reactionary hot emotions.
And a Devil's Advocate does the 'yes but...' thing and also raises those other questions which no one wants to hear or consider.
http://www.steveseager.com/devils-advoca...on-making/
And that is all I have been doing. I am trying to list other ways that this could have played out to get Kidd to carefully think about what COULD have happened and hopefully not allow his reactionary emotions to cause him to do something he will later regret.