When the judge was reading off the charges both for arraignment and the verdict she failed to specify which degree of attempted rape the defendant was being charged with; there is attempted rape in the third degree (a class A misdemeanor), attempted rape in the second degree (a class E felony) or attempted rape in the first degree (a class C felony). Considering the uncertain facts of the case both rape in the third and rape in the first degree could apply.
She also says that he is being charged with sexual misconduct in the first degree, but sexual misconduct only has one degree of severity, being a class A misdemeanor.
She also says that he is being charged with sexual misconduct in the first degree, but sexual misconduct only has one degree of severity, being a class A misdemeanor.
While cross-examining Benson about Abby's delay in reporting the alleged rape, Buchanan the defense attorney calls Abby an assailant instead of a victim.