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

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  •  No, *that* is fucking lunacy. (2+ / 0-)
    Recommended by:
    Cassandra Waites, julifolo

    People hand money over to people they don't know all the time, and they hand over money to people they do know even more often. What on earth are you talking about? And furthermore, if again we want to stick the rape-case-standard on that robbery example, the state would have to bear the burdens and prove beyond a reasonable doubt that you never met him before - proving a negative.  

    No, you don't ahve to "videotape every sexual encounter", any more than you have to videotape every financial transaction. What you shouldn't be able to do is have effective immunity from rape.

    Já þýðir já. Nei þýðir nei. Hvað er svona erfitt við það?

    by Rei on Fri Jan 24, 2014 at 12:53:14 PM PST

    [ Parent ]

    •  Two people have a sexual encounter (0+ / 0-)

      Both are equally credible. Both were drunk at the time. There were no other witnesses or records of what happened.

      How does your idiotic "affirmative defense" not stop one party from going to jail purely on the other's say so?

      (-5.50,-6.67): Left Libertarian
      Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

      by Sparhawk on Fri Jan 24, 2014 at 02:31:47 PM PST

      [ Parent ]

      •  Your example would not meet a clear and (1+ / 0-)
        Recommended by:
        julifolo

        convincing evidence standard, nor even a preponderance of evidence standard. Hence, no conviction, as it should be.

        Já þýðir já. Nei þýðir nei. Hvað er svona erfitt við það?

        by Rei on Sat Jan 25, 2014 at 04:24:14 AM PST

        [ Parent ]

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