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Rape: Guilty until proven innocent?
#11
RE: Rape: Guilty until proven innocent?
The term Rape culture doesn't imply the number of rapes committed. It is more about the cultural attitude. By the way, most rapes go unreported because

a) Prosecution is very, VERY rare
b) Victim blaming and shaming is alive and well, and
c) The victim is quite often accused of lying, or the crime is minimized. That's rape culture.
If The Flintstones have taught us anything, it's that pelicans can be used to mix cement.

-Homer Simpson
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#12
RE: Rape: Guilty until proven innocent?
PErhaps I read it wrong, but I don't see this as changing anything to guilty until proven innocent.  

Quote:As part of the major overhaul, the Director of Public Prosecutions, Alison Saunders, said she wanted police to ask suspects how they knew the alleged victim was saying yes, and was doing so 'freely and knowingly'. 
The CPS wants to tighten the law against offenders who target people incapacitated through drink or drugs, or where the alleged rapist holds a position of power over the victim.
Questions on consent should also be raised where the complainant has mental health problems or learning difficulties, it was said. 
It sounds like they are just going to ask the accused if there was consent if there is a grey area concerning consent, such as if the accuser is mentally ill or disabled, or incapacitated through drink or drugs.  This only makes sense, really.  If you have sex with a girl who is half unconscious, she didn't say no, did she?  But she didn't say yes either.

There is a lot of confusion and grey area with rape.  There are indeed false accusations, but I don't think this law will raise the number of those.  The victim would also have to provide evidence she was incapacitated or mentally incapable of saying yes, so this seems to me to raise the burden of proof on BOTH sides.
“Eternity is a terrible thought. I mean, where's it going to end?” 
― Tom StoppardRosencrantz and Guildenstern Are Dead
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#13
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 5:10 pm)Mermaid Wrote: The term Rape culture doesn't imply the number of rapes committed. It is more about the cultural attitude. By the way, most rapes go unreported because

a) Prosecution is very, VERY rare
b) Victim blaming and shaming is alive and well, and
c) The victim is quite often accused of lying, or the crime is minimized. That's rape culture.

People shouldn't get shamed of being raped they need to be supported.  It's even worse when it comes down to the fact
if a person in a  religious position such as a pastor does it to children I.E. vatican. The victims shouldn't be shamed or even 
told it was their fault.
Atheism is a non-prophet organization join today. 


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#14
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 5:49 pm)dyresand Wrote:
(November 29, 2015 at 5:10 pm)Mermaid Wrote: The term Rape culture doesn't imply the number of rapes committed. It is more about the cultural attitude. By the way, most rapes go unreported because

a) Prosecution is very, VERY rare
b) Victim blaming and shaming is alive and well, and
c) The victim is quite often accused of lying, or the crime is minimized. That's rape culture.

People shouldn't get shamed of being raped they need to be supported.  It's even worse when it comes down to the fact
if a person in a  religious position such as a pastor does it to children I.E. vatican. The victims shouldn't be shamed or even 
told it was their fault.

I am a survivor myself. I was raped by a random person when I was 15. I witnessed the doubt an shaming and blaming firsthand, and I think my experience was probably better than that of a lot of other rape survivors. I was questioned about my outfit, why I was where I was, whether I made it up for the attention, etc. Fortunately, I kind of expected it, so it didn't mess me up in the head too much.

The man was never found. My rape kit was never processed. As far as I know, it's either rotting away on a shelf somewhere or has been tossed out. Nobody ever told me anything about it.
If The Flintstones have taught us anything, it's that pelicans can be used to mix cement.

-Homer Simpson
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#15
RE: Rape: Guilty until proven innocent?
Not to derail the thread from the subject of rape specifically, but the CPS actually have a pretty sketchy history when it comes to 'innocent until proven guilty'. Presumption of guilt, held without charge, withholding of legal counsel - all of these things have a long and cherished history in the British legal system.

I know. I was a guest at one of Her Majesty's Prisons for a little more than seven months.

Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
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#16
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 5:56 pm)Mermaid Wrote:
(November 29, 2015 at 5:49 pm)dyresand Wrote: People shouldn't get shamed of being raped they need to be supported.  It's even worse when it comes down to the fact
if a person in a  religious position such as a pastor does it to children I.E. vatican. The victims shouldn't be shamed or even 
told it was their fault.

I am a survivor myself. I was raped by a random person when I was 15. I witnessed the doubt an shaming and blaming firsthand, and I think my experience was probably better than that of a lot of other rape survivors. I was questioned about my outfit, why I was where I was, whether I made it up for the attention, etc. Fortunately, I kind of expected it, so it didn't mess me up in the head too much.

The man was never found. My rape kit was never processed. As far as I know, it's either rotting away on a shelf somewhere or has been tossed out. Nobody ever told me anything about it.

So sorry you had to go through that.

Heart

From what I've read there are rooms full of unprocessed rape kits in storage in some PD offices.

They frequently quote budgetary restrictions

Playing Cluedo with my mum while I was at Uni:

"You did WHAT?  With WHO?  WHERE???"
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#17
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 6:00 pm)BrianSoddingBoru4 Wrote: Not to derail the thread from the subject of rape specifically, but the CPS actually have a pretty sketchy history when it comes to 'innocent until proven guilty'.  Presumption of guilt, held without charge, withholding of legal counsel - all of these things have a long and cherished history in the British legal system.

I know.  I was a guest at one of Her Majesty's Prisons for a little more than seven months.

Boru

Jesus, really? That's crazy. So sorry this happened. What do you do with the anger and frustration that has to come with that? That is so fucked up.
If The Flintstones have taught us anything, it's that pelicans can be used to mix cement.

-Homer Simpson
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#18
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 6:03 pm)Mermaid Wrote:
(November 29, 2015 at 6:00 pm)BrianSoddingBoru4 Wrote: Not to derail the thread from the subject of rape specifically, but the CPS actually have a pretty sketchy history when it comes to 'innocent until proven guilty'.  Presumption of guilt, held without charge, withholding of legal counsel - all of these things have a long and cherished history in the British legal system.

I know.  I was a guest at one of Her Majesty's Prisons for a little more than seven months.

Boru

Jesus, really? That's crazy. So sorry this happened. What do you do with the anger and frustration that has to come with that? That is so fucked up.

I emigrated to New Zealand, which pretty well solved it.

Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
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#19
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 6:01 pm)Beccs Wrote:
(November 29, 2015 at 5:56 pm)Mermaid Wrote: I am a survivor myself. I was raped by a random person when I was 15. I witnessed the doubt an shaming and blaming firsthand, and I think my experience was probably better than that of a lot of other rape survivors. I was questioned about my outfit, why I was where I was, whether I made it up for the attention, etc. Fortunately, I kind of expected it, so it didn't mess me up in the head too much.

The man was never found. My rape kit was never processed. As far as I know, it's either rotting away on a shelf somewhere or has been tossed out. Nobody ever told me anything about it.

So sorry you had to go through that.

Heart

From what I've read there are rooms full of unprocessed rape kits in storage in some PD offices.

They frequently quote budgetary restrictions

Budgetary restrictions? Seriously? 'So sorry miss, but we haven't got the $1000 to process your rape kit, so your attacker will just have to go 'round raping more people (and maybe getting back to you) until we get a budget increase.'

THAT'S seriously fucked.

Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
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#20
RE: Rape: Guilty until proven innocent?
(November 29, 2015 at 6:10 pm)BrianSoddingBoru4 Wrote:
(November 29, 2015 at 6:01 pm)Beccs Wrote: So sorry you had to go through that.

Heart

From what I've read there are rooms full of unprocessed rape kits in storage in some PD offices.

They frequently quote budgetary restrictions

Budgetary restrictions?  Seriously?  'So sorry miss, but we haven't got the $1000 to process your rape kit, so your attacker will just have to go 'round raping more people (and maybe getting back to you) until we get a budget increase.'

THAT'S seriously fucked.

Boru

On a particular case I read, yes.

I'll see if I can find a link.

Playing Cluedo with my mum while I was at Uni:

"You did WHAT?  With WHO?  WHERE???"
Reply



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