How do you suggest we ascertain beyond reasonable doubt that sex was non-consensual as easily as we can show that car theft was non-consensual?
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I wish we could show this but I just don't see how when people have sex all the time but don't give people their cars all the time. It ends up as one person's word against another's. It's horrible that this is the case but it is the case & I don't see a way to change that.
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Replying to @HPluckrose @cheomitII
You've actually just pointed out one of the biggest problems that isn't addressed by our justice system, most of the times it will be his word against her word, so beyond reasonable doubt is very hard to reach. But think further about what kind of society you create when rapists.
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know that most times they will get away with it, that either the woman won't complain, the police will drop the charges or they will win in court. I don't want to see innocent men go to jail - but this problem has to be addressed by the system.
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Replying to @naamamarom @cheomitII
How? Should people wear hidden bodycams?
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How will you get a higher rate of successful prosecutions of a crime which nearly always takes place in private and leaves no evidence distinguishable from consensual sex without losing due process and assuming the guilt of the accused?
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Replying to @HPluckrose @naamamarom
You keep conflating social and legal outcomes. Police being more diligent in investigating reports (and not leaving rape kits to rot in store rooms for decades...) would help the legal side. But society doesn't operate on "beyond a reasonable doubt". If you tell me my employee>
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has a history of stealing from the register, I'm going to keep an eye out for dodginess; if you tell me Bill has a tendency to start fights when drunk, I might avoid drinking with him. But if you tell people Bill raped someone, they're often inconsistently skeptical.
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Replying to @cheomitII @naamamarom
No, they're not! Say a man is a rapist and he becomes a pariah.
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Replying to @HPluckrose @naamamarom
That may be true for *convicted* rapists; but many of the high profile stories lately have been roundly met with "well, we should wait until it's been to court..."
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Well, we should! But I'm not convinced that's the general view. People are all too ready to assume guilt without evidence.
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