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Accuser said as she was being cross-examined that she said that because she wanted to move past the incident. keep in mind, her whole family was on campus. her sister is also a student on st. paul's. it was her graduation so her whole family was there. we heard from another nurse yesterday who take the rape kit from her four days after the incident and then next week we're set to hear from owen labrie himself. >> but the important part of this is owen labrie says intercourse never took place yet she went to the nurse to ask for emergency contraception. >> right. it's kind of a gray area i'd sa...

>> you could sort of see that and the defense will likely argue it was a secret until people found out and then she felt guilty about it and decided i got to tell people it was forcible and i didn't consent to it because my morality and honor is at stake. >> i have seen that happen before but they did a rape kit and there was dna that was revealed and the data that will hurt the defendant is we didn't have sexual intercourse, it is a result of dry -- >> sexual contact he describes it but not intercourse and there's a difference. >> where did the dna come from t d >> from the sexual contact but...

Graduation. >> she was meeting them,a hurry to meet up with them for graduation. >> she also didn't tell the nurse about any trauma or physical marks on her and the nurse said in court she didn't see any on her. she also didn't tell the nurse when she asked who the person was she had the sexual encounter with. >> was it the same nurse who said these are abrasions that could be consistent with sexual offense, effectively? that's my paraphrasing? >> we're still working to clarify that. she went to her for plan b. she went to a nurse to gather a rape kit much later, several days later, two days a...

Guilty of a misdemeanor. >> statutory rape. because they're so close in age it's not a felony anymore. >> what she is saying there is i felt like i had no control. she is trying to allege it was almost a forcible rape. it doesn't necessarily mean there was a knife to her throat but she felt she had no choice, she was put in some sort of position where she couldn't say no. >> how does a jury decide a case like this? he said, she said. >> emotion. emotion and sympathy on both sides. >> beyond a reasonable doubt is still the standard. if she felt guilty and called her mother, that's not rape. >> ...

Evolution over the last 40 years. i dare say there's been an evolution over the last 20. >> over the last five you could make an argument. we had spousal rape statutes that permitted spousal rape up until not too long ago. you would be shocked how recent that was. to say there's been a sea change in the law of sexual assault is an understatement. >> statistically speaking, i'm going to get you to answer this as the guy who takes the clients to look for a defense. it's an entirely different thing to have your handbag stolen on the street and be pistol whipped and report you've had a crime waged...