RE: Atheism +
October 9, 2012 at 11:23 pm
(This post was last modified: October 9, 2012 at 11:26 pm by The Grand Nudger.)
(October 9, 2012 at 10:44 pm)Moros Synackaon Wrote: Lawyers frequently misrepresent to gain favor and leeway. Something as simple as not disclosing something because the other side was stupid and didn't do discovery is quite common.
A judge's duty is to weigh the facts of the case.
Tiberius is arguing that if there is no other evidence than the dubious word on the part of the drunken party (no bruises, witness statements, signs of forcible rape), then it cannot be called rape beyond a shadow of a doubt, of which our legal system is supposed to weigh upon.
The tricky bit isn't how our laws are supposed to work (in principle, I think we could all point to cases where some legal decision mystifies us given our understanding of the principles behind it), given the most neutral of scenarios, but how they do work (in practice, and again, mystifying bits of legal theater abound). In this scenario there is clear evidence of intercourse, neither side is contesting this, neither side can remember the specifics but for some reason or another (imagine whatever you like) one party felt that pressing charges was the way to move forward. "Too drunk to remember whether I committed a crime" doesn't cut it as a defense, as far as I'm aware. "Too drunk to give consent" does- as an argument for the prosecution.
(depending on the jurisdictions definition of rape, obviously)
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