- 15 Feb 2023 15:55
#15265036
In a growing number of cases these days, men are being convicted of rape, based only on a woman's accusations - no other evidence - even though there is 100% proof that the woman was preparing to and had the intention to have sex with that man.
In the Mike Tyson case, the judge even prevented the jury from hearing about the fact that the alleged rape victim was sitting in Tyson's lap and had her thighs wrapped around him, shortly before she entered the bedroom with him. The judge considered this fact "irrelevant" to the case, thinking it might "prejudice" the jury.
(more about that case in this thread: "Judges deciding what is "relevant", excluding evidence from trial" viewtopic.php?f=51&t=183255 )
The logic there is that, yes, she might have displayed clear signs that she was going to have sex with him, but a woman can still change her mind at any point, and that does not mean that she was not raped.
In my opinion, if there is clear evidence the woman was preparing to have sex with the man, that should drastically reduce the amount of punishment -- if any -- the accused man should get.
Yes, of course it is possible that she still could have been raped, but this does 2 things. First, I think, when there is a rape accusation, and no other corroborating evidence, the fact that she seemed like she was going to have sex with him reduces the likelihood that the allegations are true. I think if the chance the accused might be innocent is greater, they should get much less punishment, even though it might be appropriate to still punish them.
Second, I would argue that if a woman were planning to have sex with a man, even though she changed her mind later, it suggests that the violation to her is less. This was a man she was seriously considering having sex with. It should result in less punishment.
If we don't take this evidence into account, what other evidence realistically could a man use to defend himself against a false rape accusation? There is pretty much none. That wouldn't be fair to the man and would be one-sided.
Imagine a woman accuses a man of rape BUT there is security video camera evidence of the woman leading the man into the bedroom, with her arms wrapped around him flirtatiously. She also met him on an internet site where people hook-up for casual sex. The two even exchanged nude pictures of each other, and the woman sent him messages talking about sexually dirty things. Should all that be seen as completely irrelevant?
Some people in modern times think it should not matter, that it should not make any difference in a rape case. Maybe some of them even think the jury should not be allowed to hear about it.
But I think this view is absurd.
In older times (say, the 1950s, maybe even up to the 1980s in many places) there was no way anyone on a jury was going to convict a man if they knew the woman entered the bedroom to sleep with the man. "What type of woman does that?"
I think conservatives are more likely to take these sorts of facts/evidence into account, whereas progressive feminists (most of the Left) are more likely to view it as completely irrelevant.
In the Mike Tyson case, the judge even prevented the jury from hearing about the fact that the alleged rape victim was sitting in Tyson's lap and had her thighs wrapped around him, shortly before she entered the bedroom with him. The judge considered this fact "irrelevant" to the case, thinking it might "prejudice" the jury.
(more about that case in this thread: "Judges deciding what is "relevant", excluding evidence from trial" viewtopic.php?f=51&t=183255 )
The logic there is that, yes, she might have displayed clear signs that she was going to have sex with him, but a woman can still change her mind at any point, and that does not mean that she was not raped.
In my opinion, if there is clear evidence the woman was preparing to have sex with the man, that should drastically reduce the amount of punishment -- if any -- the accused man should get.
Yes, of course it is possible that she still could have been raped, but this does 2 things. First, I think, when there is a rape accusation, and no other corroborating evidence, the fact that she seemed like she was going to have sex with him reduces the likelihood that the allegations are true. I think if the chance the accused might be innocent is greater, they should get much less punishment, even though it might be appropriate to still punish them.
Second, I would argue that if a woman were planning to have sex with a man, even though she changed her mind later, it suggests that the violation to her is less. This was a man she was seriously considering having sex with. It should result in less punishment.
If we don't take this evidence into account, what other evidence realistically could a man use to defend himself against a false rape accusation? There is pretty much none. That wouldn't be fair to the man and would be one-sided.
Imagine a woman accuses a man of rape BUT there is security video camera evidence of the woman leading the man into the bedroom, with her arms wrapped around him flirtatiously. She also met him on an internet site where people hook-up for casual sex. The two even exchanged nude pictures of each other, and the woman sent him messages talking about sexually dirty things. Should all that be seen as completely irrelevant?
Some people in modern times think it should not matter, that it should not make any difference in a rape case. Maybe some of them even think the jury should not be allowed to hear about it.
But I think this view is absurd.
In older times (say, the 1950s, maybe even up to the 1980s in many places) there was no way anyone on a jury was going to convict a man if they knew the woman entered the bedroom to sleep with the man. "What type of woman does that?"
I think conservatives are more likely to take these sorts of facts/evidence into account, whereas progressive feminists (most of the Left) are more likely to view it as completely irrelevant.