PErhaps I read it wrong, but I don't see this as changing anything to guilty until proven innocent.
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.
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'.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.
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.
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 Stoppard, Rosencrantz and Guildenstern Are Dead
― Tom Stoppard, Rosencrantz and Guildenstern Are Dead
