The acclaimed English author said that the failure of the prosecution of Lady Chatterley's Lover for obscenity, in 1960, marked a time when British literature could "grow up" when it came to sex.
Given the failure of the prosecution, there may be an "even greater reluctance" to report, the study said, but it urged the Royal College of GPs to give training to every doctor about FGM: "Doctors are on the front line.
Worse, the failure of the prosecution – the first to be brought since FGM was outlawed in the UK in 1985 – has delivered a grievous blow to the drive against the practice to which hundreds of thousands of women are still subjected each year.
As Supreme Court lawyer Karuna Nundy pointed out, the high court in Karnataka examined the same evidence and said in its 919-page ruling "repeatedly that the acquittal was a failure of the prosecution".
Another ground, based upon the U.S. Supreme Court's decision in Brady v. Maryland (1963), is the failure of the prosecution to disclose material, exculpatory evidence to the defense.
The ineffectiveness of the judicial system to punish legal violations committed by police, and the failure of the prosecution to fulfill its constitutional duty to oversee police activity has reinforced this state of impunity.
But as the trial began, Mumia took a vow of silence in protest of prosecutorial misconduct -- the failure of the prosecution to honor its pre-trial agreement to release to the defendant important photographs and records before the start of the trial.
Better yet, the prosecutor acknowledged that "In light of the evidence presented in this trial, this [to prove the involvement of Gerardo Hernández] presents an insurmountable hurdle for the United States in this case, and will likely, result in the failure of the prosecution on this count[20]".
