In a ruling Friday in two sexual assault cases, the top court declined to recognize a novel rule that has been applied by some courts of appeal.
The new rule was sometimes used when an appeal court determined that a trial judge had relied on a common-sense assumption that was not grounded in the evidence.
“…Everyone behaves differently and we can’t expect everyone to behave a certain way.”
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“These judgements have drawn a lot of criticism because of the fact that they kind of distill sexual activity into a way that’s not really realistic…”
