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Coolwhoami
Sep 13, 2007

wateroverfire posted:

...ok.

Just to be clear.

The man does nothing to intimidate, coerce, etc his potential partner. He is perfectly gentle. In his mind he is not trying to do anything but invite this person to hook up, is prepared to accept no as no, etc.

She says yes, or doesn't say no, goes with him, does the thing, etc.

But in her heart of hearts she didn't reeeeally want to, because reasons.

He's a rapist?

At what point was he supposed to say to himself "She doesn't seem quiiite as enthusiastic as she should, better shut the whole thing down"?

Repeatedly ask are you sure until you kill the mood, only way to be safe.

e:

OwlFancier posted:

I don't at all agree, the world very definitely does not hinge on the unjust suffering of one person. That kind of thinking is not something you apply anywhere else in your life because if you did you would be unable to function. People are constantly made to suffer for far worse reasons than the prevention of even more suffering.

Are you attempting to assert that increasing prosecution rates for sexual assault cases will either improve things for the person assaulted and/or reduce the rate of sexual assault?

Coolwhoami fucked around with this message at 19:45 on Mar 4, 2016

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Coolwhoami
Sep 13, 2007

OwlFancier posted:

No it doesn't. If you believed that wrongful convictions were absolutely unacceptable you couldn't prosecute any crime because that carries the inherent possibility of being wrong. You believe that wrongful convictions are acceptable up to a point.

What do you propose should be done to a legal system in order to achieve an increased prosecution rate?

Coolwhoami
Sep 13, 2007

OwlFancier posted:

Pffpffffppffp I dunno. More funding to crown prosecutors to investigate crimes more thoroughly, more money to investigate historic cases in light of new evidence to more quickly rectify errors, and a more rehabilitative penal system to make wrongful conviction less destructive to the convicted (and the rightfully convicted, for that matter).

More money, in general, as is the solution to a lot of things.

Those things I think many would agree with, and are not really at all in keeping with the more philosophical point you responded to. I think you'd be hard pressed to find someone publicly disagree with increased testing rates for rape kits, for example

quote:

I would prefer less. But it is a difficult crime to prosecute, and I don't think the current approach of just not prosecuting it in the majority of cases is acceptable either.

What proportion of rapes are reported? Of those, how many result in prosecution, and how many of those result in a conviction? Are those rates substantially different than other crimes? If the answer to that latter question is no, i'm not really sure what we could do to change the approach in one crime that wouldn't logically apply in any other. If the answer is yes, then it would be wiser to determine what the reasons are for that, and rather than blame them on nebulous social concepts, propose solutions that will actually address the problem.

Coolwhoami
Sep 13, 2007

OwlFancier posted:

I believe rape is grossly underreported, in many cases because it cannot be successfully prosecuted and because of perceived or actual police indifference to the crime, as well as the social stigma attached to being a victim of it, and a lack of support for victims immediately following the crime.

Addressing those would probably be a good idea. Given the nature of the crime as well, better information collation may help to build a case against serial rapists by allowing multiple victims to give evidence to the same case which would be automatically tracked and collated together.

There are a number of studies that have looked into this sort of data, and while I don't have the time to survey it fully at the moment, I do know the conviction rate is somewhere around 60% and this rate is similar to other crimes. The reporting rate (at least according to this sits around 30%, and has fallen from roughly 50% 10 years ago, although that appears to be the case for many other crimes as well. As to how many cases that are reported end up with an arrest, or how many arrests result in a case going to trial, those appear to be more difficult to find, but it would be important to establish them and compare them to other crimes before we are to say the issue is specific to this crime or to just how the criminal justice system operates generally.

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