My attorney said that since the guy who raped me said different, I have to take a polygraph test and he doesnt. She also said I cant have a jury but he can, and he doesnt have to stand up in court but I have to (thats the only part im ok with) why are they treating him like the victim and me like the criminal?
I cannot tell you why your attorney is saying that you have to submit to a polygraph examination. This may be because law enforcement is trying to figure out who is telling the truth here, you or the person who raped you. If he is claiming that there was no sexual act, or that you consented to the act, and you are saying the opposite, the polygraph is sometimes used as a tool by law enforcement to try to figure out who is lying to them and who is telling the truth. Law Enforcement cannot compel a person who is under investigation to submit to a polygraph test. That is why they may be asking your attorney to have you submit to a test. In most cases a polygraph test is inadmissible in court.
The accused rapist is entitled to a jury trial, because he is charged with a crime. It sounds like there are no charges pending against you, so that is likely why your attorney has told you that he gets a jury trial, and you do not. A jury of 12 people must unanimously agree that the government has established "beyond a reasonable doubt" that a person charged with a crime is guilty of the crime charged.
He does not have to take the stand, or testify in his own trial, because everyone is guaranteed the right not to be compelled to testify against themselves, in a criminal case. Therefore, it is up to the accused to decide whether or not he wants to take the witness stand and testify. You are different because, without your testimony, the government cannot establish the guilt of the accused.
Since you already have an attorney assisting you in this matter, I strongly suggest that you sit down and talk to him about your concerns. Sometimes, attorneys assume that their clients understand what they are told by their lawyers. Unfortunately, attorneys sometimes forget that we have a tendency to talk in what I call "legaleze," which can be a foreign language to those who do not work in the criminal justice system. FOr this reason, the legal terminology that we throw out there for our clients is not their native language like it is for us. That is why I always tell my clients that there is no such thing as a "dumb question." If I tell them something, and they do not understand what I have told them, they need to let me know, so that I can attempt to explain it better. Call your lawyer, and schedule an appointment to discuss this with him.
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