![]() ![]() Now, there are many different legal standards used for different things in the judicial system. To put it another way: If tomorrow you went to the police bleeding and reporting being gang-raped by a group of guys while they choked you and inserted a bottle into your rectum, and it went to court, with all of the forensic evidence matching what you said, they would have to prove beyond a reasonable doubt - typically without any witnesses to the event - that you weren't secretly into autoerotic asphyxiation and anal pentration, had a "wild night", then changed your mind.ĭoes that sound reasonable to you, that the default legal assumption is that you're into autoerotic asphyxiation group bottle sex with anonymous guys? And for this reason, rape is exceedingly difficult to prosecute. The legal assumption is that if any two random people have sex, no matter how implausible, that consent was given to it - and the prosecution has to prove otherwise, beyond a reasonable doubt. But if that's proven, it's not up to the prosecution to prove that the victim didn't want it.īut it is that way with rape. In such a case, yes, the prosecution has to prove "beyond a reasonable doubt" that the accused killed the victim, or took the victim's wallet, or took the victim's identity, etc. It's not assumed that a identity theft victim consented to have someone else take their identity. It's not assumed that a robbery victim consented to give their wallet over to a stranger. It's not assumed that a murder victim consented to be murdered. This is very different from the standard legal assumptions for other crimes. It's up to the prosecution to prove beyond a reasonable doubt that it wasn't. The problem: the default legal assumption in rape cases is that consent was given. This is clearly a massive problem - people can rape pretty much with impunity. We have a situation where, say, the vast majority of murderers end up in jail, but only a miniscule fraction of rapists. Yet only the tiniest fraction of them will ever end up in jail. ![]() Approximately 10% of men admit to having committed rape in studies when the word "rape" isn't used, but situations that are rape are described and the subjects are asked if they've done them. One quarter of women will be raped at least once in their lifetime. Let's first address the problem, with the stats. ![]()
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