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View Diary: Apparently the victim goes on trial still in rape cases (57 comments)

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  •  The article said (7+ / 0-)

    she MIGHT have had consensual sex that night; unless we read a different article.  Even so, whether or not she had consensual sex earlier that night has little or no bearing on whether she was raped later.  

    That said, you are correct...alleged victim should be used as these men should be presumed innocent until proven otherwise.  

    The defense is behaving in a very disgusting manner.  

    Political compass: -8.75 / -4.72

    by Mark Mywurtz on Sun Sep 01, 2013 at 05:42:13 PM PDT

    [ Parent ]

    •  I may have read the early edition. (2+ / 0-)
      Recommended by:
      Mark Mywurtz, Lujane

      "night has little or no bearing on whether she was raped later. "

      I agree. I'm just saying that I don't want a rush to judgment.

      •  It might have come off as less of a derail (19+ / 0-)

        if you had (1) left out the question of whether she had consensual sex, since it's irrelevant, and (2) acknowledged in the first place that false accusations are rare (law enforcement typically cites 2 to 6%, and frequently those don't involve a named suspect).  

        A woman who reports a rape KNOWS she's going to be treated like shit.  She KNOWS she's going to be slut-shamed and have her life put through the meat grinder.  Spreading the myth that women put themselves through horror this just because they "regret" consensual sex is inaccurate and harmful.

        The court needs to presume innocence, but that doesn't require any of the rest of us to spread inaccurate myths or pretend that all explanations are equally credible.

        I shall die, but that is all that I shall do for Death; I am not on his payroll. - Edna St. Vincent Millay

        by Tara the Antisocial Social Worker on Sun Sep 01, 2013 at 06:22:26 PM PDT

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        •  This always baffles me (0+ / 0-)

          As you stated, the latest study has about a 6% false accusation of rape...that's huge

          We are not talking about 0.0000001% or 0.0001%

          I have no idea how the breakdown goes as far as "regret" is concerned, but I do know there are a lot of crazy people out there, and a lot of people who are crazy but hide it very well.

          •  I agree (mostly) with Tara, and when I read the (0+ / 0-)

            questions that the mid had been asked, I wanted to scrub my brain with bleach.

            I differ with Tara over the presumption of guilt of the alleged attacker(s). I'm seen enough comments on this and other blogs over the years to come to the conclusion that for many, it doesn't matter whether the man actually did whatever. SHE SAYS HE DID IT, and that's the end of it. Don't believe me? Look up Tawana Brawley or the Duke lacrosse case. I don't care how frequently or infrequently such false accusations are made. Lives can be ruined because of them and false witness is false witness.

            If the young woman was harmed, I want justice for her as much as anyone else. But I won't countenance any claims of "SHE SAYS THEY DID IT, and that's good enough for me."

            •  If you're appalled by the way she was treated (1+ / 0-)
              Recommended by:
              Horace Boothroyd III

              then it makes sense for you not to encourage it by repeating discredited myths about women making false reports because they "regret" consensual sex.

              I don't care how frequently or infrequently such false accusations are made.
              If you "don't care," then it wouldn't hurt you to be accurate about that issue, and you can still make the same point about saying "alleged" without acting as if false rape accusations were common behavior among women after consensual sex.  This is also a matter of ruining lives:  when police, prosecutors and jurors overestimate the likelihood of  false accusations, they are likely to mishandle true ones .  It leads to "false accusation" statistics being padded with  true ones.

              When you spread the myth that false rape accusations are common, you are spreading false witness against rape victims.

              I shall die, but that is all that I shall do for Death; I am not on his payroll. - Edna St. Vincent Millay

              by Tara the Antisocial Social Worker on Mon Sep 02, 2013 at 08:20:46 AM PDT

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          •  It's less baffling (1+ / 0-)
            Recommended by:
            Horace Boothroyd III

            when you realize that that number of true reports is kept artificially low by the excruciating treatment that rape victims realistically expect.  The latest military stats show less than 15% of rapes get reported, which matches estimates that I'd seen in civilian settings.

            If robbery victims knew that they'd routinely be subjected to hostile interrogations about how they must have "consensually given away the money and then regretted it," the official numbers on "false reports" would look quite different for that crime.

            I shall die, but that is all that I shall do for Death; I am not on his payroll. - Edna St. Vincent Millay

            by Tara the Antisocial Social Worker on Mon Sep 02, 2013 at 10:38:26 AM PDT

            [ Parent ]

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