Not really, because your also labouring under the assumption that most, or at least a lot of, the people who "get out of" a rape accusation were guilty. Something which of course goes back to the entire question of sympathy for those who claim to have been raped (mostly women) and how it loads the justice system.CrystalShadow said:[
Your argument here is a little flawed. Yes, what you're claiming is possible, but the entire point becomes a little questionable when you consider that Rape cases have notoriously low conviction rates. (roundabout 5% or less in most countries).
This kind of undermines the assertion that it's easy to claim you've been raped. It isn't, and compared to other crimes it's actually easy to get out of it if it even goes to trial in the first place. (which isn't necessarily that likely, because a lot of actual rape victims feel ashamed, or find the thought of the legal process too traumatic.)
It's an interesting idea, but reality shows otherwise.
Rape is one of those crimes where being found innocent isn't nessicarly the end of it, being an accused rapist is almost as bad as being a convicted one, and that can be the entire point of why someone might want to make a false accusation to begin with, and also helps bring into question quoted statistics in this arguement like how "only 4% of rape accusations are false" and so on.
Ask yourself, if it wasn't an accusation of rape, do you think people would be quite so picky about the results on average when someone is found innocent?
It is also very easy to claim you've been raped, and comes with a lot of positive aspects (sympathy) especially when it's not true. All you need to do is bring the charge, especially seeing as it's a crime you can accuse someone of where there is little expectation of physical evidence, and even if the guy gets off he's going to suffer a major stigma just from having been accused. Everyone shows up to white knight the alleged victim as we see in this case, and nobody wants to believe that someone claiming to have been raped is a liar. A society wide issue.
Which of course all gets back to my central point about the presumpsion of innocence and how our legal system works in all cases (not just rape). Whatever the actual statistics might be, or what are simply societal notions, become irrelevent, we can argue all of that and it's been rendered irrelevent by intent. At the end of the day the US Justice system as far as goverment mandated punishment goes works entirely based on evidence with the burden of proof being placed squarely on the shoulders of the accuser when it comes to criminal matters. In any case, whether it's as petty as Jaywalking or as extreme as Rape or Murder, the accused goes to trial under a persumpsion of innocence and the accuser whether it be the state, or the state representing a crime against a citizen, is forced to prove otherwise beyond an innocent doubt, facing a major disadvantage in court.
As I said, whether you think it's right or wrong, and what happens in society as a result, the crux of the US legal system is that it's better to let 1000 guilty men go free, than 1 innocent man be convicted. That's it's principle. How well it functions in practice, and as I said what it does to society, those are other questions. As are what changes you could in theory make to the system.
Also understand that in the US there is huge backlash towards any suggestion that the system be changed, as anything more assertive tends to create visions of police states and inevitably leads to Godwin's law coming up in a discussion sooner rather than later.
Case in point, let's say I suggest we legalize profiling and blank warrents. Something a lot of european countries have done, and actually comes close to how law enforcement worked (even if it wasn't formalized) back in the 1940s and 1950s in the US... you know the generation that actually went to war and STOPPED Hitler and represented freedom and all that good stuff. People would scream bloody murder. After all this would mean that by being a creep some guy going on trial for say rape could have his profile used as evidence to prove the likelyhood of guilt, and that profile would also have allowed the police to say search his house/crime scenes/etc... almost immediatly under a blank warrent system without needing to delay to get permission from a judge, making it far less likely the guy could conceal the signs of say raping someone in his bedroom and more evidence could be uncovered faster. Likewise it also means that you could do things like single out Muslims for airport security and the like and not harass tons of other people and create a lot of these problems we see making the news due to some symbolic gesture being nessicary to make liberals happy.
See, in the US Law Enforcement and things like it's presumsion of innocent and the game that we're turned search and seizure into is something that people have grown used to. We've basically trained ourselves to want relatively powerless police, and so that using common sense in law enforcement and count proceedings has become almost an anathema. The US has basically taken the approach that the privacy of some gang banger and not having the police check him out pre-emptively based on patterns of behavior, or consider things like religious affiliation when conducting searches, etc... is MORE important than things like murders, the proliferation of drugs, human traffiking, and other crimes, INCLUDING rape (understand profiles tend to include far more than just race and/or religion or whatever despite stereotypes).
Given the political leanings on this site, you see outcries about rapes and such, but anyone who actually suggested changes to the laws (understand they have to be universal and apply to everyone) that could make a differance, would also be attacked as some kind of facist that wanted to turn the US into a police state. Even if ultimatly those changes simply borrowed ideas from law enforcement in the rest of the western world, or involved simply dialing policies back a few decades. Putting the genie back into the bottle so to speak.
While it's a side point, understand that this kind of thing that we're argueing about is the price being paid for a lot of those "civil liberties victories" of the past. What happens with rapists and such is one small part of it. An idealogy that was supposed to lead to a lot more peace, freedom, and safety, arguably had exactly the opposite effect. Sure the stereotypical "pig cop" might not be ruining your fun as much as he used to, but as a result we also have more rapes, murders, gang activity, human trafficking, and everything else because in many cases the police can't even begin to investigate despite common sense due to what is oftentimes a crazy criteria, and when they can, the time it takes to get permission to search (warrents, etc...) gives the criminals plenty of time to prepare. People talk about police corruption, in terms of empowering law enforcement being a problem, but the ironic thing is that dirty cops hide behind the same protections the criminals do, in reality IA and other protective watchdogs need to jump through the same kind of hoops. You can't weed out dirty cops effectively for the same reason someone can run a crack house and shoot rival dealers periodically with relative imputiny, it all comes down to playing the game and bureaucratic protection.