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They are attacking her character
In a court of law the lawyer of the accused always attempts to discredit the accuser
You should see what lawyers are allowed to do to cops
I feel that rape has been minimilized as a crime here and in France
Here however is a legitimate grievance -many men of color have been sent to prison for rapes that they did not commit
This troubles me greatly
Oh okay. Who is they though? The police, do they do it?
Usually it's the defense attorney for the rapist that digs up information about the victim. The police wouldn't be doing that because they're on the prosecutor's side. The police have no right to go looking for innuendos and gossip about a victim.
They are attacking her character
In a court of law the lawyer of the accused always attempts to discredit the accuser
You should see what lawyers are allowed to do to cops
I feel that rape has been minimilized as a crime here and in France
Here however is a legitimate grievance -many men of color have been sent to prison for rapes that they did not commit
This troubles me greatly
Men of color have been targeted by bigots not rape victims.
Status:
"I don't understand. But I don't care, so it works out."
(set 7 days ago)
35,629 posts, read 17,961,729 times
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Quote:
Originally Posted by PriscillaVanilla
This makes no sense. If the accused man is innocent, the victim being promiscuous is totally irrelevant.
And no, a man has no right to force sex on a woman just because she's slept around. Sorry.
That's sometimes how you determine, as best you can, whether the man is actually innocent. You got a 16 year old girl, student leader, cheerleader who states the man grabbed her and put her in the backseat of his car and raped her. I think any DA is going to go forth with that, if there's DNA of a sexual encounter present. You got a woman who has a few arrests for prostitution and has in the past claimed rape but during the investigation it seemed pretty clear she was claiming rape because he didn't pay her what they agreed on. She's claiming rape now.
Do you see the difference? Sometimes, in the investigation, the motivation for the accusation of rape gets a little murky. And as a society, we can't decide that whatever any victim says must be the absolute truth.
Okay thanks, but let's say before the rape shield laws came into place, that a defense attorney wants to establish that the victim was promiscuous.
He would have had to go around the city asking men, have you slept with this woman, and then if the men say yes, he would have to subpoena, all those men to testify.
Would most men be willing to testify to that, or would they be reluctant, even becoming hostile witnesses for the court to have to deal with, because they don't want to talk about their sex life in open public court like that?
Oh okay. Who is they though? The police, do they do it?
Police enforce the law--they don't prosecute cases. The ones who generally bring up the "history" of the rape victim would obviously be defense attorneys playing to the ultimate judges: jurors.
Therefore, as a matter of law, none of those extraneous issues have anything to do with forcible rape, and they certainly don't excuse it. If so, prostitutes would never get raped. And we know that they do.
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