General Discussion
In reply to the discussion: Does anyone dispute the fact that the 'false allegations of rape are common' myth is dangerous? [View all]davidn3600
(6,342 posts)Not every rape case is obvious that a rape occurred. Unlike other crimes, the act of the crime is obvious. In murder cases, you usually have a dead body. In burglary/theft cases, something is missing. In assault cases, someone is obviously injured. Most criminal cases it is clear a crime has been committed. Sometimes with rape, it's obvious. But many times in rape cases, it is not so clear and depends on the testimony and credibility of the victim. That's why "false allegations" is a bigger issue with rape than most other crimes.
Say this scenario... A man and a woman get plastered drunk. They leave a party together. The woman wakes up the next morning after having sex and cant remember consenting, nor much else of that night. She goes to the police and claims she was raped. The man claims he doesn't remember much either but that she was jumping on him. There is no other witness to the act. There is no evidence of bruising or physical injuries on the woman. What do you want the jury to do? Technically, yes it is rape since she was so drunk she couldn't consent. But he was legally drunk too, so he couldnt have consented to sex either. For all we know, he was half passed out and she was riding him all night. We just don't know!
Are you suggesting that the jury should convict that man?