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View Diary: Men Who Commit Rape Have the Deck Stacked in Their Favor (213 comments)

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  •  That is not correct. (19+ / 0-)

    The problem with rape isn't the low reporting. It's the low conviction rate and the society-wide blaming and slut-shaming that those who do report go through (and all for a measly 3% conviction rate?).

    I'm amazed by people's courage and kindness in the face of everything and life.

    by LaraJones on Wed Jan 22, 2014 at 03:28:34 PM PST

    [ Parent ]

    •  Well, the "problem" is both (6+ / 0-)

      The low conviction rate is because rape cases are often difficult to make, for a variety of reasons. I know, I've prosecuted my fair share. There are whole host of evidentiary issues that make overcoming the burden of proof in a rape case difficult. Late reporting can also be an issue in securing a conviction at trial.

      The societal "slut-shaming" you refer to contributes more to the reporting problem than the conviction problem. So yes, if there was less slut shaming, there might be more reporting, which would lead to more convictions. Though even then, more reporting wouldn't make those convictions easier to get.

      Yes, the 3% conviction rate is abysmal, but as others have indicated, but many of the proposed solutions to make rape convictions easier to secure run afoul of Constitutional protections.

      Dammit Jim, I'm a lawyer, not a grammarian. So sue me.

      by Pi Li on Wed Jan 22, 2014 at 03:41:12 PM PST

      [ Parent ]

    •  And the fact pretty much everyone knows about that (12+ / 0-)

      so why come forward if you KNOW there's not enough undeniable evidence for a hope of a conviction? If you KNOW women have been charged and even convicted with making false statements to police for coming forward with more proof than you have? If you KNOW the jury pool where you live is loaded with people who think anyone who isn't a good little virgin fundamentalist Christian with a signed purity pledge card tucked in her Bible is probably partly or entirely responsible for anything sexual that happens to her and you aren't OR people think you aren't?

      (Male friends in high school were perplexed at how angry I got when I found out they hadn't told me or even so much as spoken up in my defense when some false sexual rumors were going around about me in high school. They didn't have to live with the fear of the effect even a presumed sexual past can have on a woman's credibility after a sexual assault of any kind against her - or the sudden realization they'd just lived for three years with a metaphorical sign on their back declaring that effect was in play and had no clue.)

      •  Rape is not a sexual crime. (1+ / 0-)
        Recommended by:
        redwagon

        It is one of power and control.  Your premise is wrong.

        There have been tyrants and murderers, and, for a time, they seem invincible, but in the end, they always fail. Always. Gandhi

        by lilyvaldem on Thu Jan 23, 2014 at 12:34:38 AM PST

        [ Parent ]

        •  Where did I even touch on that? (3+ / 0-)
          Recommended by:
          shaharazade, Penny GC, Eyesbright

          All I was talking about is the evidence issue, the trend of saying a woman was lying if there's not enough evidence for a conviction in a courtroom, and the societal dragging up of a woman's sexual past after rape accusations - which is a well-known phenomenon that has been lessened in the courtroom in recent years and not so much everywhere outside it including while she's making an initial report to the police.

          Nothing about the motivations of the offender or the nature of the crime.

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