New Law to require any sexual crime to be reported within 48 hours
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A good lawyer will cause the case to be dismissed because of lack of evidence due to the backlog of rape kits. You see it on Law and Order all the time.
I think on L&O SVU they don't have a backlog. Not in that fictional department. Olivia has visited other states and fictionally dealt with the back-log problem. Maybe you meant regular Law and Order.
But anyway, how would reporting within 4 minutes help the accused with a speedy trial if the kit is going to sit and sit and sit? It won't, so the entire premise of the OP is blown.
I think on L&O SVU they don't have a backlog. Not in that fictional department. Olivia has visited other states and fictionally dealt with the back-log problem. Maybe you meant regular Law and Order.
But anyway, how would reporting within 4 minutes help the accused with a speedy trial if the kit is going to sit and sit and sit? It won't, so the entire premise of the OP is blown.
Well what I am saying is the backlog of rape kits does create a problem when putting.potential rapists on trial because it removes vital DNA evidence that might not have been found otherwise. In rape cases DNA speaks a million words because it is so hard to fake it.
FYI, the backlog is just one of many reasons the OP is flawed. The OP is flawed also due to typical victim blaming and shaming as well as having to be re-violated to have the rape kit done. I know from watching SVU episodes.
I think on L&O SVU they don't have a backlog. Not in that fictional department. Olivia has visited other states and fictionally dealt with the back-log problem. Maybe you meant regular Law and Order.
But anyway, how would reporting within 4 minutes help the accused with a speedy trial if the kit is going to sit and sit and sit? It won't, so the entire premise of the OP is blown.
I believe New York passed a law to require rape kits be tested, they hired a number of new employees to help test, and that they do not currently have a backlog. I remember that episide, see went to LA and they were talking about the huge backlog in LA and Olivia was upset that so many kits were untested. All states should require testing be done. I believe activists in New York are trying to legislate that the kits must be kept for a number of years as they can currently be destroyed after 30 days.
The fact is most men don't rape, it happens so often because the ones who do are prolific and rack up a lot of victims. Getting DNA on perpetrators could help prevent many rapes, and other assaults. A man who isn't capable of rape can be drunk off his ass and have a practically unconcious woman that he wants really bad right in front of him and he will just put a blanket on her and let her be. I was assaulted, while myself and the perpetrator were completely sober.
It's difficult to explain the violation. I'd ask men to envision a man druggling them so they couldn't fight back and then taking down their pants and raping them. Lets say the guy used plenty of lube and you were to weak from the drugs to fight much, so he just held you down so you couldn't move and it wasn't violent or terribly painful. How would you feel? Honestly, I don't believe anyone would not feel completely violated. It's your body, someone overpowering you and using it as he wishes is a horrific feeling. It's disgusting, even an unwelcome sloppy kiss is disgusting, imagine someone all over you, touching you, sweat, bad breath, it's just awful.
Anyway, my reaction to the loss of control was to stop caring about sex or much of anyting else. Sex had no meaning and I became a huge partier. I have been drunk or high and alone with men more times than I can count, yet no one ever touched me without my consent again. I've had guys say no to me because they felt I was too drunk to know what I was doing, and most people consider me a a very attractive woman (it's just genetics, I'm not saying that to brag), most of the time they did want to have sex with me but still said no because they were decent guys.
All this focus on the victim, don't drink, don't wear sexy clothes, don't flirt unless you mean it. It's the wrong focus, we need to start focusing on men who rape. The fact that alcohol is involved in many rapes has more to do with rapists knowing a drunk victim is easier to deal with and a few of them use alcohol to put them over the edge if they are hesitant to rape. I'm not making that up, it has been studied.
Men will admit to assaulting and raping women for anonymous studies. In one study of men 9% of college age men admited to rape and over half of them admitted to repeat offenses. The one commonality found was that these men will admit she didn't consent and made it clear she did not want it but they still do not consider it "real"rape. They do not feel they are rapists or part of the problem. This is true even in the most violent cases. These men tend to hold a lot of hostility toward woman and many were rejected a lot while younger. They tend to be impulsive and feel entitled to sex. Frat members are more likely to hold rape positive beliefs. No, I'm not sayng all frat members are rapists, they are just more likely to hold the beliefs rapists have. Rapists have a desire to dominate and control. In reality we can't say rape is not about sex, just power. It is about sex too, either rape is a big turn on for them or they want sex and just don't care that she doesn't.
The current atititudes about rape allow it to continue. These ideas that it's a woman's issue and women responsible for preventing rape by not drinking or being sexy. And that women lie about rape all the time and shouldn't be believed. Rape is not about uncontrolable desire for a woman in a short skirt. Most rapists say they are more likely to chose victims who seem insecure or weaker. The sexy woman in skimpy clothes is generally a confident women, they are less likely to chose her. The girl in the corner, covered head to toe looking shy and uncvomfortable is a much better victim.
We need to stop focusing on what women need to do to prevent rape and start dealing with the men who rape. We need to be able to better recognize them and shift cultural views toward understanding that most men don't rape. What is the difference between those who do and those who never would? We need to stop endlessly judging victims and blaming them for what they supposedly did "wrong."
All this focus on the victim, don't drink, don't wear sexy clothes, don't flirt unless you mean it. It's the wrong focus, we need to start focusing on men who rape. The fact that alcohol is involved in many rapes has more to do with rapists knowing a drunk victim is easier to deal with and a few of them use alcohol to put them over the edge if they are hesitant to rape. I'm not making that up, it has been studied.
Men will admit to assaulting and raping women for anonymous studies. In one study of men 9% of college age men admited to rape and over half of them admitted to repeat offenses. The one commonality found was that these men will admit she didn't consent and made it clear she did not want it but they still do not consider it "real"rape. They do not feel they are rapists or part of the problem. This is true even in the most violent cases. These men tend to hold a lot of hostility toward woman and many were rejected a lot while younger. They tend to be impulsive and feel entitled to sex. Frat members are more likely to hold rape positive beliefs. No, I'm not sayng all frat members are rapists, they are just more likely to hold the beliefs rapists have. Rapists have a desire to dominate and control. In reality we can't say rape is not about sex, just power. It is about sex too, either rape is a big turn on for them or they want sex and just don't care that she doesn't.
The current atititudes about rape allow it to continue. These ideas that it's a woman's issue and women responsible for preventing rape by not drinking or being sexy. And that women lie about rape all the time and shouldn't be believed. Rape is not about uncontrolable desire for a woman in a short skirt. Most rapists say they are more likely to chose victims who seem insecure or weaker. The sexy woman in skimpy clothes is generally a confident women, they are less likely to chose her. The girl in the corner, covered head to toe looking shy and uncvomfortable is a much better victim.
We need to stop focusing on what women need to do to prevent rape and start dealing with the men who rape. We need to be able to better recognize them and shift cultural views toward understanding that most men don't rape. What is the difference between those who do and those who never would? We need to stop endlessly judging victims and blaming them for what they supposedly did "wrong."
A lot of men who would never rape have no problem harassing women and no problem blaming women for men's bad behavior toward them. Flirting between girls and boys is normal, starting as kids. It is innocent. Flirting does not mean anything other than flirting so that is out. If a woman harasses or assaults a man she is to be blamed, but not for flirting, and who even knows what "teasing" means, it seems very subjective. It usually just means she rejected the guy and he's butthurt. Whatever flirting and teasing is, it is not predatory like harassment or assault. There really isn't much gray area here.
Well what I am saying is the backlog of rape kits does create a problem when putting.potential rapists on trial because it removes vital DNA evidence that might not have been found otherwise. In rape cases DNA speaks a million words because it is so hard to fake it.
FYI, the backlog is just one of many reasons the OP is flawed. The OP is flawed also due to typical victim blaming and shaming as well as having to be re-violated to have the rape kit done. I know from watching SVU episodes.
The backlog is not related to this reporting requirement in any way...separate issue. I'm sure there are legislative opportunities to resolve that issue as well though. Just because the government is inefficient at prosecution is no reason to abandon having laws that further justice. Inefficiency can be remedied. But there is no remedy for not having evidence that could have been obtained had the victim simply reported the assault in a timely fashion - which is a very brief window of opportunity before evidence is destroyed.
Quote:
Originally Posted by jencam
What about the speedy trial and the guy having a chance to remember things? That is not hampered by the backlog of rape kits?
Physical evidence, or the lack thereof, has absolutely nothing to do with a speedy trial.
The backlog is not related to this reporting requirement in any way...separate issue. I'm sure there are legislative opportunities to resolve that issue as well though. Just because the government is inefficient at prosecution is no reason to abandon having laws that further justice. Inefficiency can be remedied. But there is no remedy for not having evidence that could have been obtained had the victim simply reported the assault in a timely fashion - which is a very brief window of opportunity before evidence is destroyed.
Physical evidence, or the lack thereof, has absolutely nothing to do with a speedy trial.
That assumes that such a law would cause women to report sooner, in reality it would likely mean they just never report. I know some think that's how it should be but that's not how the law works. All crimes have Statutes of Limitations and the law follows those timelines. It would be unfair to make a special law for sexual assault. Crime victims have many reasons for not reporting immediately. One of the most common is they have been threatened and fear retribution. This can and often does apply to rape victims. Threats are pretty common when you listen to victims stories.
This is a commentary by a prosecutor who initially had trouble understanding why sexual asaault victims would wait to report. After spending time face to face with victims he began to understand. Sexual assault is not like other crimes, there are so many myths and cultural assumptions around sex and rape that make it more difficult to report. It's a commentary, not proof of anything but it might give some a little insight if they are actually open to any. Like it or not, anything involving sex is complicated dramatically. Everyone is individual in their comfort level. It can depend on culture, religion, and various other aspects of a person. Some women may have no trouble saying penis or vagina, other women would rather die than say those words out loud, and, in fact may never have said them before.
While the questions are fair, it is not honest to apply the same demands of logic to a sexual assault victim that we do to victims of robbery or credit card fraud. It isn’t that logic fails to apply, it’s that other factors change the equation and so the answer is different.
Victims of other crimes do not have to use the words penis, vagina and intercourse to describe what happened to them. And, if you were uncomfortable reading those words in the privacy of your home, imagine the anguish of using the same words to describe your rape to a stranger.
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They also don't have to get naked in front of strangers, be photographed head to toe, have an invasive exam, have their pubic hair combed and all the other parts of a rape kit. All that after being assaulted.
Time may or may not make much difference in evidence but it's worse to have someone ready to report it be told, "sorry you had a week, too late." There still may be reliable evidence much later. If there isn't, the perpetrator is highly unlikely to ever be charged and conviction would be near impossible in a modern court. At least he may think twice before doing it again and if he does do it again the accusation will be on record.
Last edited by detshen; 10-05-2018 at 05:48 PM..
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