The Advocate's Devil

Free The Advocate's Devil by Alan M. Dershowitz

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Authors: Alan M. Dershowitz
better sense now of why she did this.”
    Abe wasn’t so sure. “I still can’t figure it. She had to know we would find out about this prior accusation. Her case seems
     weaker and weaker. Why did she cry rape if she knew she had no case?”
    “She probably didn’t think much about it,” Joe speculated. “She must have called 911 as soon as I left the room, since the
     police were waiting for me by the time I got back to my hotel. Maybe she’s thinking about it now, and she’ll reconsider.”
    “Could be,” Abe said, feeling mixed emotions about that prospect. “But we’ve got to act as if she’s going full steam ahead.
     We can’t leave anything to chance.”
    “Is there anything else I can do?” Campbell asked.
    “Not for now, other than trying to think of anything else she might have said that could be relevant.”
    The waitress interrupted the conversation by telling them that the kitchen was about to close. Campbell asked for a lemonade
     and some berries. Abe ordered decaf cappuccino and a chocolate torte. Justin wanted a glass of white wine and some pâté.
    As they were waiting for their snack, Joe said, “There is something I remember.”
    “What is it?” Abe asked.
    “It’s a little embarrassing for me to talk about.”
    “Think of us as your doctors. You’ve got to tell us anything that could help you.”
    “I’m not sure this helps, but all right, here goes.”
    Campbell took a deep breath, as if he were preparing to shoot a crucial free throw. “When we were in bed going hot and heavy,
     I went down on her, and she seemed to enjoy it a lot. She sure was moaning. I then asked her if she would… you know, do the
     same for me. They usually do. But she didn’t want to. She said something about having a bad experience with oral sex.”
    “Stop, please,”’ Abe insisted, putting his hand gently on Joe’s arm. “This is just the kind of thing I was warning you about
     this morning when we first met. We could be getting into some dangerous territory here. Let me talk for a minute, before you
     go on.”
    “Fine, but I think I know what you’re worried about, and it’s not a problem.”
    “Maybe so, but let me guide you.”
    Abe thought for a minute how to put what he wanted to say. “Okay, let me tell you something about the law of rape that you
     probably already know.”
    Campbell looked at Abe intently as the lawyer continued. “If a woman consents to foreplay or even intercourse, she can still
     say no at any time, and she can refuse any
kind
of sex, even after agreeing to any other kind of sex.”
    “I do know that,” Campbell interjected. “I remember the Marcus Webb case.” Joe was referring to a former Celtic who was accused
     of forcing a woman to have anal sex after she agreed to have ordinary sex. “Don’t worry, that’s not what happened here.”
    Abe insisted on maintaining some control over the conversation, even though his original concerns had abated. “So she told
     you that she did not want to perform fellatio on you, and you did not insist that she do so, is that right?”
    “Yes, that’s right. She—”
    “Wait, please let me continue. You didn’t force her to perform fellatio. Is that right?”
    “That’s exactly right.”
    “Whatever she did, she did of her own free will. Right?”
    “Right.”
    “Okay,” Abe said with a sigh of relief. “Now we can get back to talking like normal people.”
    Justin asked Campbell if Jennifer had explained what her bad experience was.
    “All she told me was that it didn’t have anything to do with any kind of disease or anything like that. It was something emotional.
     She made it clear it was none of my business, and that we should go ahead and have intercourse.”
    “And you did,” Abe continued.
    “Yes, we did, but it was lousy sex from then on. I don’t know, it kind of threw me off my game, and she seemed nervous, too,
     but she didn’t want to stop. It was almost as if we both wanted to get

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