I don't believe rape accusations are automatically proof of a crime, but

[LJ_Reloaded]

IMO this video does not prove this particular guy was innocent.

http://lawnewz.com/video/student-cl...-accuser-making-sexual-gestures-at-him-watch/

Arman Premjee, 20, was accused by an unnamed female USC student of raping her in her dorm on April 1. Premjee met the unidentified 19-year-old at Banditos Taco & Tequila in Los Angeles earlier that same night.

Eventually, the two left Banditos together, with a female friend of the accuser in tow. Security camera footage from inside and outside the nightclub shows his accuser repeatedly taking Premjee by the hand and dragging him around as he plays on his phone. At one point she kisses him. In another instance, she makes the widely-understood gesture for sex–a finger going into a hole made by the opposite hand–at her friend while Premjee’s back is turned.

Additional security camera footage from the woman’s dormitory shows her signing Premjee in under the watch of a security guard in a well-lit lobby.

In May, prosecutors charged Premjee with rape. They argued that his alleged victim was too drunk to consent. He faced 10 years in prison but consistently maintained his innocence.

He may very well be innocent, or she may have changed her mind somewhere along the way. This video doesn't preclude the latter.

Unfortunately what this video did was create reasonable doubt in the minds of a jury, and lacking any other evidence to back up the accuser's case, the law can only come up with one conclusion: not guilty.

If USC expels this guy, he's gonna sue.

One thing that's not gonna happen is convicting this woman of a malicious false rape accusation. There needs to be reasonably high standards for that and this case wouldn't qualify.

In any case this video should have been thrown out of court.

 

[EternalFantasies]

I didn't read the details of this case.

But in a his word against hers kinda thing, with no other evidence, this video works in his favor.l

Beyond reasonable doubt becomes impossible.

 

[jaF0]

she makes the widely-understood gesture for sex–a finger going into a hole made by the opposite hand–at her friend while Premjee’s back is turned.

Which means he didn't see it and wasn't supposed to see it, which to me precludes 'consent'.

In fact, if he really wanted to stretch it, could make a case for her intending to attack him.

 

[EternalFantasies]

Which means he didn't see it and wasn't supposed to see it, which to me precludes 'consent'.

Doesn't matter. it's not consent that's being drawn from this video.

 

[LJ_Reloaded]

I didn't read the details of this case.

But in a his word against hers kinda thing, with no other evidence, this video works in his favor.l

Beyond reasonable doubt becomes impossible.

The problem is if he did rape her, the resulting rape case is, for the most part, his word versus hers, which defaults the judgement to not guilty due to reasonable doubt.

Feminists have reason to be angry at that alone. But then you have rape accusations being thrown out, like with "Birth of a Nation" (new version) author Nate Parker. He was accused, and the school where the alleged rape happened, threw the case in the trash bin. This happens a lot with rape cases - they don't even get honored with an investigation. This is fucked up wrong. Collectively speaking it's a human rights disaster.

But the feminist solution, though, is to ditch due process in favor of "the accusation is the proof." That's another human rights disaster in the opposite direction. That's how guys like that football guy Brian Banks got railroaded into prison over a false rape accusation. That's how tons of schools are now suspending men for rape accusations that never see a day in a court of law. The accusation, in those schools, are now automatically the proof. Thank God these schools are getting their baby shoes sued off of them.

I don't really see a solution for the inherent flaw of "he said vs she said" which inherently defaults to reasonable doubt and a near automatic not guilty verdict. What I do know is automatically giving her accusation more weight than his denial sets a monstrously erroneous legal precedent. In a world where countless men just like Brian Banks fall prey to known cases of weaponized false rape accusations (see: Emmett Till, Clifton Powell, the many male victims of Jemma Beale, the Duke Lacrosse Team, etc.), this would be utterly disastrous.

But I do know one thing: this video needed to be thrown out. And the rape accusations that never saw a day in court need to come to trial, and judges should start yanking the law licenses of those defense attorneys who use "what was she wearing" as a cross examination question.