Thoughts about the law that affect us today.
This isn’t Entertainment related but it is worth the read. Plus, supporting my colleague is always a good thing.
State v. Tyrell on the Defense Zzone with Lia Fazzone
I found this case interesting on several levels. The fact that Tyrell insisted so strongly that the victim should produce the dildo seems to me the wrong avenue to take. She described it in detail and even described how she used it on herself, and when she refused to bring the dildo to court Tyrell wanted to have a dildo lineup so she could pick out the dildo that most resembled hers.
I believe if he wanted to prove that he had not violated the defendant and caused the damage he should have submitted his penis as evidence. He stated that his penis was “smaller than average size” and could not have caused the harm to her body she claimed. He should have had his penis measured against the standard or average size and compared that to the size of the dildo. “She described the dildo in her testimony: “[t]an-colored. It’s about five inches long. It’s like two-inch circumference maybe. It has an extra part on it for clitoral stimulation.” The victim said she did not use lubricant with the dildo and penetrated herself just with the tip.”
Tyrell did try and have the urologist that did the medical examination summoned to the witness stand but due to the scheduling she was unable to attend, and they decided not to press the issue. If I was accused of sexual assault and did not have a significantly sized penis to inflict the injuries I would make sure that the lack of size was on record and available for my defense.
I think the court decided correctly in this case but I would have taken a slightly different approach to my defense if I was Tyrell. Sure it would be embarrassing but it would be better to be embarrassed than to go to jail.
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