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View Diary: Beyond A Reasonable Doubt: Applying The Wrong Legal Standard To Establishing Consent in Rape Case (167 comments)

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  •  How does THAT work exactly ? (1+ / 0-)
    Recommended by:
    Sparhawk

    You say "consent"
    I say "none"

    You say "we agreed"
    I say "we didn't"

    You say "ask my wingman"
    I say "he wasn't there."

    Now what should happen?

    •  And how does no verbal communication (0+ / 0-)

      help that scenario in anyway?

      If the alleged victim says he or she said "no" you still are stuck in the same situation.

      I ain't often right, but I've never been wrong. Seldom turns out the way it does in this song.

      by mungley on Thu Jun 20, 2013 at 07:01:01 AM PDT

      [ Parent ]

      •  That's pretty much what I'm saying ... (0+ / 0-)

        In a Shesaid/Hesaid any kind of justice is difficult at best -- even assuming good faith and objectivity.

        In American practice there's basically two ways ...

        Due process with presumption of innocence.
        and
        Lynch Law with presumption of guilt.

        I don't see a lot of middle ground ... not in my own imagination -- not in this diary.

        And considering that this the United States, where we have more people under lock and key than Red China  

        Maybe making life easier for Prosecutors ISN'T the absolute best way of going about things.

    •  Well, assuming the lack of any physical (1+ / 0-)
      Recommended by:
      Sparhawk

      evidence, and assuming that the jury finds you and I equally credible, then there is a not guilty verdict rendered since the State has failed to prove an element of the crime.

      . On ne gagne que les combats que l'on mène

      by NearlyNormal on Thu Jun 20, 2013 at 08:20:27 AM PDT

      [ Parent ]

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