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Old 11-26-2018, 12:21 PM
346 posts, read 98,168 times
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I read a book about real life accusations of rape in one specific town and I was struck by how most of the incidents started off with heavy drinking and "hanging out" together which implied consent to me. One incident in particular seemed consensual from the get-go. Flirting, drinking, hanging out alone in a bedroom, touching, then some clothing was removed. The act progressed quickly then ended abruptly and left the woman unsatisfied and she said she "thinks" she was raped. There was another incident involving heavy drinking and then a young woman allowed a young man to snuggle in bed with her. The young man got aroused and proceeded to try to have sex with her but due to his lack of experience he ended up botching it and was too rough. Many women encounter incidents like this during college years. It has a lot to do with heavy drinking and the hookup mentality. To me these types of incidents don't meet the criteria of a premeditated, heinous "crime". Therefore, IMO it's not really fair to say these young men deliberately raped these women and are guilty.

Old Yesterday, 02:48 PM
9,349 posts, read 2,578,928 times
Reputation: 8601
Originally Posted by Pogue Mahone View Post
These sorts of crimes are often he said/she said situations where it's hard to really prove if anything actually happened. Because of this they are notoriously difficult to prosecute, and guilty perpetrators are often set free. It's been said that it's better to let a thousand guilty people go free than let one innocent person be punished, but that leaves a lot of victims without justice in sex related crimes. Should the presumption of innocence apply to sex crimes, or in the interests of justice for victims should the onus be placed on the alleged perpetrator to prove their innocence?
I think most of the responses are measured in terms of that we can't throw out our system.

However, it might be possible in large jurisdictions to have "sex crime courts" where the prosecutors and judges are more knowledgeable about the subject and can classify a sex crime as "violent" or "who knows"?

Example: A woman who claimed rape in a booze party - with no witnesses, no rape kit and not a mark on her...and complete denial from the other party. That would go the route of standard justice system.

Example #2: Police find chained up women in the basement of pervs house and pics,vids and other things make it quite clear the perp is a dangerous person.

In the second example, I might use "guilty until proven innocent" in terms of the bail setting and other aspects of the situation.

Basically it would be like other crimes which have levels. Someone who commits manslaughter...or is assumed to MAYBE have committed it is not going to be treated the same pre-trial as one who was caught on tape and with many witness and blood on them. Or at least they should not be.
Old Yesterday, 10:26 PM
Location: Texas
7,052 posts, read 2,560,750 times
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Originally Posted by Troyfan View Post
Ireland is having a big issue about a rape case. Pictures of a 17 year old girl's panties were introduced as evidence. I don't think even Victoria's Secret carries one like hers. The defense is arguing that they support consent. Personally, it's hard to imagine why a girl would wear undies like that except to arouse someone.

Now, maybe it wasn't the guy that wound up aroused. But they were meant to be seen for sure.
A female wearing sexy lingerie, or being interested in sex, doesn't mean she's asking to be raped. I can't believe I even have to explain this.
Old Today, 04:52 AM
15,652 posts, read 9,227,331 times
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thread closed because of too many insufficient or inappropriate posts - posts that are redundant and/or donít advance the debate. When a thread is this long at Great Debates, itís almost all rehashing the same ground, and rare for anyone to have something new and substantive to contribute
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