Proving Rape

Recommended Videos
Jan 12, 2012
2,113
0
0
To start off, obvious disclaimer: This thread may contain mature themes, adult language, and sexuality, and is not intended for a younger audience. Reader discretion is advised. On a related note, try and keep it civil, please?

Right then. So I was recently reading an article titled, 5 Ways Modern Men are Trained to Hate Women http://www.cracked.com/article_19785_5-ways-modern-men-are-trained-to-hate-women.html. Obviously, this is a touchy subject, and I expected the worst when I dived into the comments section.

While there I came across the expected comment thread about the patriarchy which oppresses women in society. One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it. I thought that the whole point of the justice system was innocent until proven guilty: if someone doesn't have evidence of wrong-doing, and the police can't find any, then you must assume that it didn't happen, and that the defendant (if there is one) is innocent of the charges.

Am I misunderstanding this? Is there anyone is Escapistville who can help me figure out what she was saying? And for discussion's sake, should the burden of proof be on the victim in cases like this?

EDIT: For those looking for the original comment, here it is from user skh269 (I'll put the whole thing to provide context, and bold the part that started this thread):
The main problem I see in your argument is that sexism directed at men is in some way on the same level as the patriarchy that is the current day norm. I often see this argument in conversations about sexism toward women as a way to derail the conversation and make women instead discuss the true reality of the discrimination. Most of the time when a man cries sexism it is in response to a move to reduce their privilege. You may think that you are being diplomatic, but to compare the centuries of sexism toward women, a sexism that sees rape as something a victim must prove, which sees women's health being played with as a political agenda to a woman calling a man a dick, or some other slam (which in all honesty I cannot think of many things to call a man in a sexist way) is foolish.

Also your complaint that women expect too much of men can be viewed in all the articles bemoaning the feminist movement. SO a woman wants a partner that can carry his own share, be respectful to her? OUTRAGEOUS!

We don't need the article presenting the masculine point as we live it everyday. I get to hear that women today want to many things. Most of the time this is from men who don't know how to maintain their masculinity if a woman is not completely dependent on them. It is sad that I am sure your protest to be empathetic toward women, when really your entire comment is in relation to how it effects you and the dominant privileged. You are quite possibly more dangerous than the blatant woman hater.

Equality would be all fine in dandy in this article if things were truly equal.

Also to say "but there are also trends that push women to hate men or to expect too much from them and presenting the article in this way trivializes that." makes it seem like just another excuse to treat women. Please see #1-5.
 

Yuno Gasai

Queen of Yandere
Nov 6, 2010
2,586
0
0
Nobody should be convicted without evidence, particularly in cases of rape. Charging someone with sexual assault can have a massive impact on their life; and while that's reasonable if you know that individual perpetrated the crime, it simply isn't fair to condemn an innocent man based on one woman's word alone.
 

daveman247

New member
Jan 20, 2012
1,365
0
0
Its kind of an optimism/ pessimism thing.

At the moment the law is optimistic that people are innocent.

So, yeah that commentor is just being a bit silly really :/ Having to prove that you a innocent would be pretty terrible. Especially with rape, the allegations alone can mess up peoples lives.
 

Esotera

New member
May 5, 2011
3,396
0
0
While a few things were true in that article, I got the impression that it said a lot more about how the author views women than how men do as a whole. I certainly don't agree with (1) and (3) at all.

Anyway, OT:

Innocent until proven guilty, above all else. If enough evidence cannot be produced, then it's not possible to say with any reasonable certainty that the accused raped the victim, and they should therefore not be prosecuted for it. It's very unfortunate that rape is hard to prove & a lot of victims don't come forward, but we should be focusing on helping victims prosecute & get through their ordeal, not subverting our justice system.
 

Relish in Chaos

New member
Mar 7, 2012
2,658
0
0
I think both the victim and the perpretator should be required to provide evidence as proof that the criminal act was indeed committed, as it's still one person's word against another. That should be how it is in all cases.

Yes, it can be even more tormenting if you're forced to practically relive over and over to a court that you were indeed rape, but people can lie and do, often out of spiteful and petty reasons, or neither of them truly knew what occured. I remember, a while ago, there was this girl at my school that accused this boy of raping her at this party, but he wasn't convicted or anything. I'm not sure of the details, but they were both drunk, so it's plausible that they both had sex and the morning afterwards, the girl forgot what happened and cried rape.

Of course, I'm not saying that's the case for all scenarios, but something like that happens a lot.
 

CM156_v1legacy

Revelation 9:6
Mar 23, 2011
3,997
0
0
Thunderous Cacophony said:
To start off, obvious disclaimer: This thread may contain mature themes, adult language, and sexuality, and is not intended for a younger audience. Reader discretion is advised. On a related note, try and keep it civil, please?

Right then. So I was recently reading an article titled, 5 Ways Modern Men are Trained to Hate Women http://www.cracked.com/article_19785_5-ways-modern-men-are-trained-to-hate-women.html. Obviously, this is a touchy subject, and I expected the worst when I dived into the comments section.

While there I came across the expected comment thread about the patriarchy which oppresses women in society. One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it. I thought that the whole point of the justice system was innocent until proven guilty: if someone doesn't have evidence of wrong-doing, and the police can't find any, then you must assume that it didn't happen, and that the defendant (if there is one) is innocent of the charges.

Am I misunderstanding this? Is there anyone is Escapistville who can help me figure out what she was saying? And for discussion's sake, should the burden of proof be on the victim in cases like this?
The burden of proof [http://en.wikipedia.org/wiki/Legal_burden_of_proof] always falls to the person who makes the accusation. That's pretty much the cornerstone of western law. I can understand frustration with being unable to prove your case, but that doesn't invalidate a basic protection against false convictions.
 

Rude as HECK

New member
Feb 24, 2011
222
0
0
As a rule,in criminal cases when dealing with facts in issue, it's correct to say that the burden of proof lies on the prosecution- that is, the State. This is enshrined in many constitutions as well as international human rights treaties and conventions.
You see, it's all about the equality of arms principle- the State has near infinite investigative resources, whereas the defendant is lucky to have one lawyer. It's also an assurance that, given the extreme measures that can be taken against a convict- deprivation of liberty for much or all of his life- there is incentive to make extra sure that the Courts are reaching the most accurate conclusion possible.

Now, in rape cases, this often is extremely tricky- you see, many victims of this particular crime are hesitant to come forward with accusations. The reasons for this are numerous, but even those who do come forward do not do it immediately. This means the benefits of forensic examination are often lost due to washing, time, etc. (For those wondering, in rape cases, common pieces of forensic evidence are a cross-transfer of public hairs between the victim and attacker, semen and other bodily fluids, including blood if such is the case, and so on. A two way transfer of pubic hair- female hairs found on the man, and vice versa at the same time- is by forensic standards more or less solid evidence that, at the very least, sexual intercourse happened between those two people, voluntary or not).


But as for the rights of the defendant? I do not see how the practical difficulties rape cases can cause give justification for the undermining of the basic rights of the defendant. Instead, I would say it's justification for:
-increased and more thorough use of forensic science in investigations
-an attempt to remove or reduce the disincentives for victims to come forward with their accusations
-a move to reduce the fallacious attitudes that often surround rape. For instance, "They probably deserved it for dressing that way", "she was a slut anyway", and so on.

Fun fact: It was only in the case of R v R 1998 that the old defense to the crime of rape that one could not rape his wife was struck down by the House of Lords. Not even 15 years ago.
 

Terminate421

New member
Jul 21, 2010
5,771
0
0
Shawn MacDonald said:
Pretty easy crime to slap guys with. A girl goes home drunk from the bars with a guy she feels is way out of her league. It makes sense in her small little brain to tell everybody that he raped her, mature women just suck it up and move on.
They also might do it for the money. Its quite saddening and makes me afraid to want to get laid.
 

him over there

New member
Dec 17, 2011
1,728
0
0
Shawn MacDonald said:
Pretty easy crime to slap guys with. A girl goes home drunk from the bars with a guy she feels is way out of her league. It makes sense in her small little brain to tell everybody that he raped her, mature women just suck it up and move on.
To be fair at least here in Canada you cannot give consent while intoxicated so it would be rape. However if you are implying that it is sort of petty and they should just move on because it was just a poor decision between two smashed individuals rather than a heinous intentional and traumatic attack than I can see where you're coming from.
 

him over there

New member
Dec 17, 2011
1,728
0
0
Shawn MacDonald said:
him over there said:
Shawn MacDonald said:
Pretty easy crime to slap guys with. A girl goes home drunk from the bars with a guy she feels is way out of her league. It makes sense in her small little brain to tell everybody that he raped her, mature women just suck it up and move on.
To be fair at least here in Canada you cannot give consent while intoxicated so it would be rape. However if you are implying that it is sort of petty and they should just move on because it was just a poor decision between two smashed individuals rather than a heinous intentional and traumatic attack than I can see where you're coming from.
Pretty big asshole thing to say that women should just suck it up after being raped. A rape case that is false can destroy a guys image if it gets picked up by the news. It is right up there with women accusing men of touching children when it never happened.
Sorry I thought you were implying that there should be some sort of discretion about it when it is a situation that technically qualifies as rape because it was drunken sex but had no serious repercussions, I wasn't talking about something like date rape or anything of the like, that is very serious.
 

DarkishFriend

New member
Sep 19, 2011
265
0
0
He isn't talking about drugging a woman for date rape, he's talking about the "removal of consent" idea.
 

him over there

New member
Dec 17, 2011
1,728
0
0
DarkishFriend said:
He isn't talking about drugging a woman for date rape, he's talking about the "removal of consent" idea.
Oh I see, I just feel he misinterpreted my point and I misinterpreted his.
 

Sandernista

New member
Feb 26, 2009
1,302
0
0
Thunderous Cacophony said:
While I don't agree with the statement per se, I do agree with the sentiment.

Most cases of rape are not rape, under the law. The fact that most won't believe that a case was rape because you didn't fight back. (Regardless of the fact that you were so afraid you'd be killed if you did) And most cases of rape are just swept under the rug, rapekits are notoriously useless. (The problem is that many rapekits are not tested until the evidence is already useless. The backlog is extremely infamous)
 

Bara_no_Hime

New member
Sep 15, 2010
3,644
0
0
Thunderous Cacophony said:
While there I came across the expected comment thread about the patriarchy which oppresses women in society. One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it. I thought that the whole point of the justice system was innocent until proven guilty: if someone doesn't have evidence of wrong-doing, and the police can't find any, then you must assume that it didn't happen, and that the defendant (if there is one) is innocent of the charges.

Am I misunderstanding this? Is there anyone is Escapistville who can help me figure out what she was saying? And for discussion's sake, should the burden of proof be on the victim in cases like this?
I think you are misunderstanding her intent because she phrased her comment poorly (or without actually understanding the issue herself, which is also possible).

The issue with "proving rape" isn't the issue of evidence. Of course there needs to be evidence against the accused.

However, there is a very unfortunate issue in rape cases where the woman is required to prove that she was raped before an investigation begins.

This is a problem because, if a woman says she was raped, then the police are the ones who are supposed to investigate. They are supposed to seek proof that the accused committed the crime (or find proof that he did not). It is not the job of the accused to provide the evidence. She (or he, men get raped too) isn't a law officer - she (or he) has no burden of proof.
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
24,756
0
0
Thunderous Cacophony said:
One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it.
Pretty sure (though not entirely without context) this is referring to proving specifically things like "she was asking for it," which is common, loaded, and completely unfair.

People don't tell well-dressed affluent people they were asking to be robbed.

Women face a lot of challenges in terms of being raped, one of which is to even get people to pay attention. You generally dont't see this in other crimes.
 

DudeistBelieve

TellEmSteveDave.com
Sep 9, 2010
4,768
1
0
Bara_no_Hime said:
Thunderous Cacophony said:
While there I came across the expected comment thread about the patriarchy which oppresses women in society. One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it. I thought that the whole point of the justice system was innocent until proven guilty: if someone doesn't have evidence of wrong-doing, and the police can't find any, then you must assume that it didn't happen, and that the defendant (if there is one) is innocent of the charges.

Am I misunderstanding this? Is there anyone is Escapistville who can help me figure out what she was saying? And for discussion's sake, should the burden of proof be on the victim in cases like this?
I think you are misunderstanding her intent because she phrased her comment poorly (or without actually understanding the issue herself, which is also possible).

The issue with "proving rape" isn't the issue of evidence. Of course there needs to be evidence against the accused.

However, there is a very unfortunate issue in rape cases where the woman is required to prove that she was raped before an investigation begins.

This is a problem because, if a woman says she was raped, then the police are the ones who are supposed to investigate. They are supposed to seek proof that the accused committed the crime (or find proof that he did not). It is not the job of the accused to provide the evidence. She (or he, men get raped too) isn't a law officer - she (or he) has no burden of proof.
This is just going from my class to be Security Guard (Which you have to take to be one in New York). An arresting officer isn't required to have to proof to arrest someone based on someone elses claim. If Guy A says Guy B stole from him, just on his word, Guy B can get arrested. Guy A has to provide evidence or Guy B walks. This is why we have false arrest cases. Maybe it's a little different, but as far as I understand it if a civilian is pressing charges, yeah they do.

Thats why, if your ever shoplifting in a store, it's the store's responsibility to prove you stole an item. A security guy has to literally see you take the item off the shelf, follow you around the store, and watch you walk out with out paying (and have video tape to boot)... So if you ever get called on shoplifting and have a recipt? Call their bluff. Seriously you can press charges against the store and the security guard.

Now unfortunately, for a women to prove she's been raped the actual evidence is her own body. Fluids and the like. And with out that? It's he said - She said unless someone else saw it.

The only thing I would be more comfortable with is if there were consequences for LYING about being raped... And though it's rare, it does happen. The guys name gets dragged through the media meat grinder. Then once it found out the girl lied? Usually NOTHING happens. The media doesn't apologize or recant. The girl doesn't even get a fine. Why? Because the feeling is among police that doing so will deter real rape victims from coming forward.

I'd like to say it's utter bullshit, but what can you do? It's not a perfect world.
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
24,756
0
0
Shawn MacDonald said:
A rape case that is false can destroy a guys image if it gets picked up by the news.
How "fortunate," then, that "false rape" cases are significantly blown out of proportion.

Well, fortunate to everyone except the rape victim who gets their claim pushed aside because people carry around an overblown notion of the false rape case being common.

It's up there with those Feminazis who want to kill all men and the Welfare Queens who drive limos regularly. It's a common bogeyman that seems to disappear when light is shone on it.
 

Torrasque

New member
Aug 6, 2010
3,441
0
0
Ahri said:
Nobody should be convicted without evidence, particularly in cases of rape. Charging someone with sexual assault can have a massive impact on their life; and while that's reasonable if you know that individual perpetrated the crime, it simply isn't fair to condemn an innocent man based on one woman's word alone.
This.

This woman was probably making the argument "if I was just raped, why should I have to prove that I was raped? I am currently dealing with the horribly psychologically damaging fact that I was just raped as well as any physical harm I went through, and I am expected to prove that I was raped?!"
Again, I am just guessing. That is the only thing that potentially makes sense.

Like Ahri said, and like OP said, the defendant is innocent until proven guilty. Rape is a serious offence, and you should prove that the person raped you just like you should have to prove the person stole your TV.
 
Jan 12, 2012
2,113
0
0
Bara_no_Hime said:
Thunderous Cacophony said:
While there I came across the expected comment thread about the patriarchy which oppresses women in society. One of the strangest comments came from someone (presumably female) who said it was a sign of the oppression that victims of rape had the responsibility to prove it. I thought that the whole point of the justice system was innocent until proven guilty: if someone doesn't have evidence of wrong-doing, and the police can't find any, then you must assume that it didn't happen, and that the defendant (if there is one) is innocent of the charges.

Am I misunderstanding this? Is there anyone is Escapistville who can help me figure out what she was saying? And for discussion's sake, should the burden of proof be on the victim in cases like this?
I think you are misunderstanding her intent because she phrased her comment poorly (or without actually understanding the issue herself, which is also possible).

The issue with "proving rape" isn't the issue of evidence. Of course there needs to be evidence against the accused.

However, there is a very unfortunate issue in rape cases where the woman is required to prove that she was raped before an investigation begins.

This is a problem because, if a woman says she was raped, then the police are the ones who are supposed to investigate. They are supposed to seek proof that the accused committed the crime (or find proof that he did not). It is not the job of the accused to provide the evidence. She (or he, men get raped too) isn't a law officer - she (or he) has no burden of proof.
Ok, I've added her full comment in the original post if you want to read it. that part that I am talking about is "...a sexism that sees rape as something a victim must prove..."
But I am still somewhat confused, because it seems like with most crimes you have to provide some evidence of wrongdoing before a police investigation. For instance, if you contacted the police and told them that your house was robbed, they would look to see if it had been broken into, and ask you what was stolen. If there was no obvious evidence of a crime (house still secure, nothing missing) then they would just file a report and move not, not launch a full investigation. Shouldn't it then be that, if you went to the police and said you were raped, you should agree to a test by a rape kit, or point the police towards a security camera which might have footage of the attack, or some other concrete evidence? The police don't have the time, money or personnel for more than a cursory look into every allegation of a crime, and the victims are usually expected to have something that provides proof that something actually happened.
 

Exterminas

New member
Sep 22, 2009
1,130
0
0
This is a classic case of two conflicting ideals.
On the one hand we want to spare vitims of crimes, such as rape, the hussle of reliving the gruesome deed by poking the memory with a stick.

On the other hand we want people to (sometimes) go free if there are is no proof


What the commenter was saying is that the burden of proofing a rape is sexist. She does not realize the conflict above or valures the ideal of sparing the vicitim more than our philosophy of criminal justice.

Points she misses, however, are that also males who are subject to rape, will have to proof that. So there really isn't any sexism (different righty due to sex) in place here. The fact that most rape victims are women is hardly sexism on the side of the judicative.

However, in a certain way she has a point.
Most of our philosophies, ideals and political system are the product of dead, white, male christians. Perhaps society would look a lot different, if women had been in charge of shaping civilization.

But that isn't something she expresses in the comment.