Poll: Crime/Criminal Perception Query

[Username Redacted]

Premise:
1) You are being accused of a serious crime.
2) You are 100% innocent.
3) This will be proven during your trial but not before your name and face are publicized in association with the crime that you've been accused of.
4) You will as per #3 and #4 be found 'Not Guilty' at the conclusion of your trial and will leave the courtroom a free man/woman.

The question then is (see also: poll at top): Would you rather be accused of raping someone or murdering someone?

I have some suspicions about how people perceive those who are accused of serious crimes. Specifically, obviously, the ones that I am listing as options here. To that end I have included a poll.

 

[Dirty Hipsters]

I am male and would absolutely rather be accused of murder.

It's a lot easier to be found not guilty of rape due to lack of evidence than to be found not guilty of murder so if you're found not guilty of rape a lot more people are going to continue questioning your innocence.

Either one is a shitty situation to be in.

 

[DefunctTheory]

Murder. For several reasons.

Murder
1. Even in polite societies, people still recognize that killing someone can, under certain circumstances, be an appropriate action. As such, they may think that my trial exonerated me because the killing was justified.
2. Even in polite societies, people still can understand murdering someone under not so justified reasons.
3. Quite a few people get accused of murder who didn't do it. I could always be one of those people.

Rape
1. Rape is never okay, ever.
2. The public perception is that a lot of rapist get off, scott free, regardless of their guilt or innocence. People may take the 'better safe then sorry' approach, and want nothing to do with me.

 

[Saetha]

Female here, and give me the rape accusation man. Did you see what happened to Lena Dunham? I'd get congratulated - at the very least, I'd have an army of feminists defending the act as an expression of sexuality, even if it turned out to be false.

 

[Skatologist]

Spoiler: Own personal answer along with a response to a previous post

I have no idea which to pick. I am a bit in fear that I have the capability to do either and may do either, but then again, I have gnawing fears about my lights going out any minute or falling down stairs, or *gasp* being in actual conversation with someone. For some reason, I think two these crimes occur much often than they probably do and that's probably why I fear I might do them. I'm leaning murder, even though I'm guessing I'd sob much more in a situation where I was falsely accused of it, I'd prefer it just so people are perhaps more sympathetic toward both me and the situation after found innocent. If I was falsely accused of rape, I'd either be looked at as the monster even after found innocent or it would look like the raped person had it out for me and they'd get sh*t for it. At least for murder, I'd probably not get that, and it'd probably be a better story/excuse anyway. So yeah, murder.

As a trans woman, I have to go with being accused of murder, because if I'm accused of rape, transphobes will use the trial as a defense for transphobia, making life more difficult for other trans people. Being accused of murder might make my life more difficult in the future than if I were accused of rape, but it wouldn't force hundreds of thousands of other trans people to carry the baggage of the trial like a rape trial would.

On top of that, people don't fuck with you if they think you've killed somebody and gotten away with it.

Aren't you a tad bit afraid of the "psychotic man in dress/feminine male murder" stereotype too? I know it is more so found in fiction, and you'd still get more sh*t for a rape allegation, but I'm guessing you'd get at least a little transphobia from a murder too. I will concede the hypothetical case probably wouldn't have people say "This is how all those trannies are!" or at least not to extent of a rape, but the fact that you are trans and accused of murder will be brought up with I'm guessing some sort of tie.

 

[RhombusHatesYou]

Aren't you a tad bit afraid of the "psychotic man in dress/feminine male murder" stereotype too? I know it is more so found in fiction, and you'd still get more sh*t for a rape allegation, but I'm guessing you'd get at least a little transphobia from a murder too. I will concede the hypothetical case probably wouldn't have people say "This is how all those trannies are!" or at least not to extent of a rape, but the fact that you are trans and accused of murder will be brought up with I'm guessing some sort of tie.

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

 

[Skatologist]

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

What the hell?! That actual legitimately happened/happens?! I couldn't imagine such an excuse having any weight ever, but then I'm reminded of such things like Emmett Till and similar cases and remind myself how screwed the world really was/is.

 

[Redryhno]

Considering I'm a guy, gonna have to go with murder. When being accused of sexual misconduct is enough to screw your chances for alot of things, rape is just as easy to "fake", in the US at least. Especially if you live in California right now with that stupid as shit "sign a contract to screw" law they've got.

And even if you are found not guilty of either crime, people forget murder relatively quickly, rape will follow you forever in some fashion or another, doesn't matter if you're guilty or not, there's still going to be a huge amount of people that believe you got away with it no matter what. At least with murder it'll just be family and close friends of the murdered gunning for you, alot easier to avoid.

Not to mention murder is alot easier to prove you weren't guilty of than rape at the moment, since all it takes is an accusation for everyone to immediately burn the bridges, salt the earth, and go screaming in whatever direction you don't have the wind carrying your oxygen in.

 

[RhombusHatesYou]

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

What the hell?! That actual legitimately happened/happens?! I couldn't imagine such an excuse having any weight ever, but then I'm reminded of such things like Emmett Till and similar cases and remind myself how screwed the world really was/is.

It's happened enough times for a few cases to get attention outside of LGBT (but still admittedly 'alternative'/underground) media.

 

[BathorysGraveland2]

I'm a male, and I'd have to say murder. While I don't share the view myself, society in general tends to see rape as more heinous an atrocity even if it may carry a lighter sentence. It's possible for murderers (or simply alleged murderers) to retain some kind of integrity, some people may even be able to find some kind sort of justification for the act, or at least an understandable motive. No such thing can really happen in a rape case, and you'd be more liable to be despised and disowned by even the people you love in that situation.

So yes, if I had to choose, I'd rather be done for murder.

 

[Kopikatsu]

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

What the hell?! That actual legitimately happened/happens?! I couldn't imagine such an excuse having any weight ever, but then I'm reminded of such things like Emmett Till and similar cases and remind myself how screwed the world really was/is.

It is a thing, yes. There's a concept called Jury Nullification. Even if the accused is actually guilty of the crimes being brought against them, the jury is within their rights to not convict them based on their personal belief that the law is wrong, or shouldn't be applied to the case in question. Occasionally this does result in some people getting off a murder charge because the jury felt it was justified by personal belief even if the law explicitly refers to it as homicide.

Anyway. I'm male and I'd rather be accused of murder. It's seen as the 'lesser' crime and it'd probably be easier to get off on a murder charge than a rape charge (in regards to public opinion) due to the nature of the crimes. And as has been mentioned, murder can sometimes be seen as justified while rape is always condemned. As well as sexual offenses being treated with ridiculous hostility by the legal system.

 

[tilmoph]

Male and murder. Just being accused of rape pretty much nukes you to hell and back. It takes something on the scale of the Duke Lacrosse fiasco to get absolved.

 

[Zykon TheLich_v1legacy]

Male, murder. While I consider murder the more serious crime, society's reaction is worse towards rape. I think Dirty Hipsters, Accursed Theory and BathorysGraveland have pretty much nailed the reasons behind my choice.

Though that said, the victim and the details of the case you were wrongly up for might make a difference. Child murder? No thanks. That's going to make the news, then everyone's going to know about it.

 

[Shock and Awe]

Murder, not even a damn question. You get accused of rape you're done forever. If you're exonerated no one gives a shit and you're branded scum forever. People tend to listen to a Not Guilty in regards to murder, and even then those that don't believe you aren't going to go out of their way to fuck with you.

Rather be a stone cold killer then rapist scum.

EDIT: I'm male if you didn't guess.

 

[Zhukov]

Male, and I'll take the murder trial thanks.

Rape is harder to prove or disprove since it revolves around consent rather than action. Therefore the accusation tends to be significantly stickier.

Homicide can be mitigated by things such as accident or self defense. You can't claim that you raped someone by accident or that you did it in self defense.

 

[Thaluikhain]

Strongly disagree with people on how society sees rapists. Being obviously guilty hasn't cost people like Polanski, Tyson or the Steubenville rapists their careers or supporters.

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

What the hell?! That actual legitimately happened/happens?! I couldn't imagine such an excuse having any weight ever, but then I'm reminded of such things like Emmett Till and similar cases and remind myself how screwed the world really was/is.

Trans panic. It's like gay panic, where you say "I couldn't help it, their gayness made me kill them" to get off (or get it reduced to manslaughter), only for trans people.

Even in places which have specifically banned that defence (and some places overtly use it as a defence), it can be used to get sympathy from the jury.

 

[Dimitriov]

Male here, and murder. Obviously murder.

I mean let's be honest here, as a man especially, there is no question. People even like some murderers depending on the circumstances.

Hey, OP, you want to make this slightly tougher? Stipulate that it's for murdering a child... that's actually a much harder question. I think I'd still go murder though, as long as I'm exonerated.

 

[BathorysGraveland2]

Hey, OP, you want to make this slightly tougher? Stipulate that it's for murdering a child... that's actually a much harder question. I think I'd still go murder though, as long as I'm exonerated.

At that point, I'd take the rape case. Nothing rustles society's jimmies more than harm befalling a child. Violence against an adult is almost always going to be second in outrage to violence against a child.

 

[Simonism451]

Strongly disagree with people on how society sees rapists. Being obviously guilty hasn't cost people like Polanski, Tyson or the Steubenville rapists their careers or supporters.

I'm pretty sure MA's talking about how transphobia has successfully been used as a defence for people who have killed transfolk. More precisely, the line of defence that can be summed up as "And she had a dick! I thought she was going to rape me! I freaked out and bashed her skull in with a baseball bat because, you know, she was going to rape me!"

What the hell?! That actual legitimately happened/happens?! I couldn't imagine such an excuse having any weight ever, but then I'm reminded of such things like Emmett Till and similar cases and remind myself how screwed the world really was/is.

Trans panic. It's like gay panic, where you say "I couldn't help it, their gayness made me kill them" to get off (or get it reduced to manslaughter), only for trans people.

Even in places which have specifically banned that defence (and some places overtly use it as a defence), it can be used to get sympathy from the jury.

Eh, obviously being guilty of murder or man-slaughter hasn't stopped people from supporting Burroughs as well, so it's more a case of being famous, I think.

 

[Mister K]

In this hypothetical situation? Murder of course. Most murders happen when one person is angry with another person for a certain reason (i.e. this person is the reason I am fired, or this person seduced someone close and dear to me, etc.), so basically most of the time there is at least some justification fore murder. Bad one maybe, but there is.

Raping someone has no justification at all.

Although to be honest, I'd like to avoid such situations, obviously.