You are correct that it does not preclude her from using rape as a defense. She can float any defense...she can say Jason was levitating in the air and she hit him in utter shock and amazement. My point was...is it believable by a jury? I think in the first questioning in ones panic to save oneself...that would be crucial to say. Very weird NOT to say. After all, she's assassinating her husband's reputation anyway. She already is saying he's dead because he is a attempted murderer.
The questions about her veracity are not based on being unable to find any record of her graduation. But it does become interesting when internet postings of hers say she went to both Clemson and Emory. More problems were cited at the custody hearing, where there was sworn testimony that she claimed to have been a close friend of the dead first wife, a champion swimmer, etc. There is sworn testimony that she says she is bipolar.
When the authorities executed a search warrant to search her house and took pictures of the boy with the bat, she write a sob story days later that it was the Irish relatives who broke into her house and stole pictures. I find it incredible that neither the authorities nor her attorneys gave her paperwork for that search warrant.
How will a jury see her? They will see a FB record of a young woman provided with a lovely home, expensive clothes, expensive travel...her parents along for the ride much of the time. Perhaps they will ask, if she was being raped and beaten, why her FBI father didn't have a legal solution for her, or a safe refuge for her, or lawyers for her...but murder was their only option? If they FLEW down there to help her...why not get her out of there and WHY bring the kids back into that mess at 11PM when they are safely someplace else?
Because if she could pick them up alone to take them back to the Murder House, she could have kept going and called her parents to tell them to help her.
My opinion only.