RE: How the fuck is there a statute of limitations for rape in New York?
October 19, 2016 at 11:51 am
(October 19, 2016 at 11:02 am)LadyForCamus Wrote:(October 18, 2016 at 12:07 pm)Drich Wrote: so rape is not a criminal act? what post number has this information again? i must have missed it.
No, no, no. Your assertion was that the word "rape" has no meaning or real world significance outside of a court room. It's this assertion that people are asking you to provide evidence for. Which you, so far, have failed to do. Why are you playing dumb?
If we assign the word rape outside of a court room then that effectively removes all presumption of innocence to any alleged attacker.
why? because rape is a legal term that describes a criminal act. IF the act of Rape is not prosecution then by the legal defination it ceases to be a criminal act. yet we still have a victim.
I understand you are looking from the victim's prespective and to you when someone says they are raped you put your self in that position and take the mantle of the victim onto yourself. Meaning you would not claim to be raped unless you were. therefore you assume than when someone says they are raped, they are raped.
Got it.
Now I am asking you to suspend that for a moment and put someone like EP or some poor guy who's thing is to play rape with his GF. Now ask yourself what if a girl like that (who likes to play raped) isn't.. exactly stable. and they break up.. All is quite until 4 or maybe 10 years later. then she decides they were not play raping one another when she finds out EP is married with kids and has a new house (everything she wanted with him)
Now, we take the word rape out of a courtroom and apply it here, then all due process/All justice (by the truest defination of the word) is gone. especially if she taped one of those play rape sessions.
All peeple would judge is what they saw and plug it into a narritive (like you good people did with me and my selection of words in this thread without thinking.) Then no matter what EP is screwed.
which brings us to a broader application of the law. What if.. by accusation alone we are convicted of a crime, then must prove our innocence (as a legitmate means of 'protecting our victims?') Rather than the presumption of innocence we have now? (All are innocent until proven guilty.) For one arrests would not be so... forgiving (think how escaped convicts are handled verse someone who if the cooperate is handled.) In a sense this is already happening (so says BLM)
In a previous version of this arguement I used OJ as a prime example of this.
OJ was deemed a murderer even though the justice system found him innocent. So when he committed an actual crime he was found guilty of, he was given a life sentence most people get 10 years or less for. Now to you/us who assume OJ was guilty of a double murder, he got what he deserved. because he was deemed a murder in the court of public opinion...
Now what happens to joe smow who maybe is not well liked, but is innocent of any real crime?
That is why giving power to this word outside of a courtroom is so dangerous.
We do it all the time, and as a result we now as a society assume guilt/conviction with every arrest. That is why 'innocent' people fight cops and are shot. because they do not understand simple due process. they think all of it corrupt. It is not due process of the law that has been corrupted it is the societal shift to the presumption of guilt because we seek to honor 'victims' over the law, and how due process works. we assign guilt or innocence before a trial starts.
How else can you demand "justice" one or two days after a police shooting? No one wants justice they want vengence, because that have already assigned guilt.
The same is happening here. Forced sex is a neutral term that can describe what you identify as rape, but it does not connote guilt or a guilty party. It describes from a victims perspective how they have been violated. (forced/ 2nd definition sexual contact.) if consent was not given.
I am looking past 'what feels right' to how it effects this country, and how it is playing out in current events. To me this is scarry because the primary concern is not true justice, but to only do what feels right, to over protect the victim.
I am simply pointing to the cost.