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hobbesmaster
Jan 28, 2008

DeusExMachinima posted:

Statistically, it's extremely unlikely that a woman is lying when she makes a rape accusation. We need to take a serious look at how burden of proof is assessed in these court cases. People talk about how the 2nd Amendment can allow individuals to cost society at large, and likewise the right to plead the 5th can potentially be entirely antisocial, exists solely for the benefit of the individual, and if you look at the rest of the world, not a very common "right." There can be exceptions to every right, there can be one here. A privileged rapist doesn't have a right to be silent about his history in court or his likely future plans to continue victimizing a historically oppressed demographic.

Not all rape accusations describe incidents that fulfill the legal definition of sexual assault. Also, not all accusations even have evidence that meets a preponderance of evidence let alone physical evidence. If its too late for physical evidence to be collected and there are no witnesses "He raped me" can be met with "That wasn't me, eyewitness accounts are notoriously inaccurate" and you're still at 50/50 instead of the 50%+delta needed for that preponderance of evidence standard. A false report requires evidence that the report was false not unsubstantiated so yeah the percent is going to be really low and conviction rates are going to be low unless you turn every court into kangaroo court.

The culture problem is when even a report can have dire consequences for the reporter and the evidence bar is effective set far higher than reasonable doubt. The US military has a major problem here and so do some countries such as Japan where the over 99% conviction rate is because if theres no confession or a ridiculously overwhelming amount of evidence no cases are pursued.

hobbesmaster fucked around with this message at 18:24 on Mar 3, 2016

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hobbesmaster
Jan 28, 2008

PT6A posted:

I've been around drunk women both when I've been drunk and when I've been sober and I've never had sex with anyone who wasn't able to consent.

Any alcohol at all in your system can render you incapable of consent in some places.

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