Emily Simpson

They represent the state of Maryland and its citizens as a whole, and they had to be realistic.

With the instructions given to the jury, would they convict?

Remember, the law wasn't on Saskia's side.

Force was required to prosecute spouses for rape.

That's Debbie Feinstein, head of the Special Victims Division at the state's attorney's office in Montgomery County.

She supervised the case.

The burden of proof was incredibly high.

Any doubt as to whether Mike's actions constituted forcible rape could throw the whole case out the window.

He could walk free.

The state's attorneys also had to think about Saskia.

They were aware of Saskia's alcohol use, her dependence on prescription medications, her mental health history, and her dad's mental health history.

These were all things that a defense attorney would use to turn a jury against her.

Here's Ashley, the original prosecutor.

They're going to be throwing out these things about this person to try to undermine their credibility.

And that is a really hard thing for victims to deal with.

And it makes it harder for us to prove our case beyond a reasonable doubt.

Everyone at the state's attorney's office believed Saskia.

They'd seen the evidence.

This woman had been raped.

But their belief in Saskia and their certainty that this was a crime wasn't enough to ensure a conviction.