oggbashan
Dying Truth seeker
- Joined
- Jul 3, 2002
- Posts
- 56,017
Definitions
What is rape?
Is it rape if a woman consents and then changes her mind?
The law says yes.
Is it rape if a wife objects to her husband having intercourse when he hasn't shaved?
The law says yes.
Is it rape if a stranger assaults a woman in the street and rapes her at knifepoint?
The law says yes.
Date rape that is premeditated, particularly with the use of drugs or excessive alcohol should be treated as rape.
Convictions in a court of law will be difficult under the current system because it is ultimately one person's word against another with no other witnesses. Those who rape as a means of control know that and will use the system to demonstrate that the woman cannot win even in court.
It might be possible to change the law so that there is no presumption of innocence but that has dangers. Some rape accusations are malicious or driven by pressure from members of the 'victim's' family or religious group who are not prepared to accept that she consented, or who would punish her severely if she had.
UK juries are reluctant to convict if there is any doubt because the punishment for a rape conviction is so severe, including entry on the sexual offenders' register for life. Is that appropriate for a 'rape' that took place when the woman withdrew her consent at the last moment? Or regretted her consent and withdrew it AFTERWARDS?
The problem is that the sexual predators use the system to avoid conviction. The man who is only accused of rape because of an argument between himself and his partner is categorised as the same as a man who uses violence on an unwilling woman. There are degrees. The law doesn't recognise the difference and therefore juries won't convict if the man has almost any extenuating circumstances.
The result is that women suffer rape and don't go to court.
I wish I knew of a solution.
Og
What is rape?
Is it rape if a woman consents and then changes her mind?
The law says yes.
Is it rape if a wife objects to her husband having intercourse when he hasn't shaved?
The law says yes.
Is it rape if a stranger assaults a woman in the street and rapes her at knifepoint?
The law says yes.
Date rape that is premeditated, particularly with the use of drugs or excessive alcohol should be treated as rape.
Convictions in a court of law will be difficult under the current system because it is ultimately one person's word against another with no other witnesses. Those who rape as a means of control know that and will use the system to demonstrate that the woman cannot win even in court.
It might be possible to change the law so that there is no presumption of innocence but that has dangers. Some rape accusations are malicious or driven by pressure from members of the 'victim's' family or religious group who are not prepared to accept that she consented, or who would punish her severely if she had.
UK juries are reluctant to convict if there is any doubt because the punishment for a rape conviction is so severe, including entry on the sexual offenders' register for life. Is that appropriate for a 'rape' that took place when the woman withdrew her consent at the last moment? Or regretted her consent and withdrew it AFTERWARDS?
The problem is that the sexual predators use the system to avoid conviction. The man who is only accused of rape because of an argument between himself and his partner is categorised as the same as a man who uses violence on an unwilling woman. There are degrees. The law doesn't recognise the difference and therefore juries won't convict if the man has almost any extenuating circumstances.
The result is that women suffer rape and don't go to court.
I wish I knew of a solution.
Og