Raúl Esparza: ADA Rafael Barba

No Good Reason

ADA Rafael Barba

Rafael Barba: What did Max mean when he said that Andrew liked Mandy too much?
Olivia Benson: It's a teenager's justification for taking what he wants without consent. We've heard that before.
Rafael Barba: Yeah, but we haven't heard it from Andrew.
Olivia Benson: Maybe Mandy has.
Rafael Barba: I thought you told her not to communicate with him.
Olivia Benson: And since when do teenagers listen?

Rafael Barba: [while reading the texts that were sent to Mandy] "We hate you, you ugly bitch," "You wanted it, now you're crying rape, you piece of trash," "Liar, liar, ugly little liar."
Olivia Benson: Mandy's been sent dozens of texts, messages, photos. She's been bullied non-stop for the past three days. She hasn't told her parents. She hasn't told anyone.
Rafael Barba: Do we know who's sending these?
Amanda Rollins: Yeah, I mean, it's kids from the high school, boys and girls. And girls are actually more brutal.
Olivia Benson: The school has issued some suspensions, but they say that they can't police off-campus social media use.
Rafael Barba: Yeah, they're teenagers, so they don't listen to their parents.
Amanda Rollins: Yeah, and they're empowered because they're behind a screen. I mean, even Andrew's been texting her.
Rafael Barba: Anything that rises to the level of harrassment?
Olivia Benson: Oh. Yes. "Why are you doing this?", "Call me back", "We need to talk." It's... it's non-stop. I mean, you ask me, that's harassment.
Rafael Barba: You ask a judge, it's not.
Amanda Rollins: The level of viciousness from these other kids, I mean... they... they drove her to a point, you know, right; I mean, she was... she was on the edge of the cliff.
Rafael Barba: And you and Liv pulled her back.

Rafael Barba: Anything from the kit?
Olivia Benson: There's no DNA. There's genital trauma, bleeding, bruising. All consistent with sexual assault.
Rafael Barba: So one of these boys is guilty. It's like playing three card monte.
Olivia Benson: Yeah.
Rafael Barba: Who has the most to lose?
Olivia Benson: I'd say the kid who took the picture of a half-naked 15-year old girl and texted them to everyone in the school.

Public Defender Guthrie: We'll plead to forcible touching.
Rafael Barba: I'm not impressed, Mr. Guthrie.
Public Defender Guthrie: I don't think a jury will be impressed by a vic that was too high to ID my client and testimony of co-conspirators who cut a deal.
Rafael Barba: In the interest of sparing Mandy a trial, I'll drop to the "E" felony. No jail time, six years probation, and...
Public Defender Guthrie: No way. He's not going on the registry for this.
Rafael Barba: It's a sexual offense. It's mandatory. Rape three, that's my final offer.

Rafael Barba: The strongest message we can send is a conviction on the rape. How is Mandy's state of mind now? Can she testify?
Amanda Rollins: She's... she's getting counseling and her parents are supportive, but... it's gonna take time.
Rafael Barba: Which we don't have.
Olivia Benson: Can you make the case without her?
Rafael Barba: If I have to. I wouldn't want to.

Olivia Benson: [a witness has chosen not to testify] Now what? Max is the one who saw Andrew go into the study. He saw Andrew on top of Mandy, heard him bragging.
Rafael Barba: So without Max, I don't have a case.
Olivia Benson: Can you compel his testimony?
Rafael Barba: Yeah, I could, but it usually backfires.
Olivia Benson: Well, if Andrew wasn't open to a plea before, he certainly won't be now.
Rafael Barba: Yeah, not without some leverage.