All of that's true too, but I was just speaking to the impossibility of the vernacular argument. I wasn't even thinking about her feelings, I was thinking about legal logic.

But, I'm also aware that you only have to convince a jury of your argument, and juries are biased against victims. That's why the first tactic is always victim shaming for the defense. And why the always dress the guy up like a choir boy. They know those prejudices play.