He Said/She Said, Save Our Sons, and the Stories that Stick: Part Two of a Two-Part Series of Columns

SHERRY F. COLB

In this second in a series of columns on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX, Cornell Law professor Sherry F. Colb suggests that gendered narratives play a role in people’s willingness to regard an acquaintance rape case as “he said/she said.” Colb describes several examples in which people prefer a story that confirms a pre-existing bias over truth based on evidence.

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State v. Krueger

Citation: 2020 S.D. 57

Opinion Date: October 21, 2020

Judge: Salter

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and mandatory sentence of life in prison, holding that there as no prejudicial error in the proceedings below. Specifically, the Supreme Court held (1) Defendant's conviction was supported by sufficient evidence; (2) the decisions of the circuit court denying Defendant's request to strike expert DNA testimony and his motion to change venue were not outside the range of permissible discretionary choices; and (3) the court did not err in refusing sua sponte to strike the prosecutor's comment about the victim's father or to issue a curative instruction.