Rape Laws Have Removed the Presumption of Innocence

[Contumacious]

4. Courtroom Terminology: During courtroom trials, it is not uncommon for the complainant to be referred to as the “victim,” even though that fact has not been established.

How has this changed? The prosecution will call her the victim, the defense will call her the accuser.

r?

The prosecution does not represent the accuser - he is representing the state.

"The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."


Berger v. United States - 295 U.S. 78 (1935)

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[AmyNation]

So it hasn't actually changed. Gotcha.

 

[Contumacious]

I would be very, very doubtful of no statute of limitations on a crime like rape. Relationships between people change and it is far too easy for anyone vindictive to charge press charges of rape. If the previous source is correct, 10% of false charges for something which can lead to long prison terms and stigmatize the innocent for life is far beyond the pale o acceptability.

Contrary to what the OP is suggesting, rape is a very difficult crime to prove and is rarely reported. In fact rape is one of the most under reported crimes, less then half of rape victims report it to the police. On average 1 out of every 4 reported rapes lead to an arrest, and 3 out of every 100 rapists will see any jail time at all.

97 of Every 100 Rapists Receive No Punishment, RAINN Analysis Shows | RAINN | Rape, Abuse and Incest National Network

You just dismissed the OP's link and then post something diametrically opposed and equally easy to dismiss. If that doesn't give you pause for thought, nothing will. As dubious as I am about the stats provided, that does not counter the fact that rape is obviously open to abuse. Unlike charges of murder, for example, where you have to produce a body, allegations of rape can be made and are sometimes prosecuted without any physical evidence. That would almost certainly be the case of an accusation which takes place long after the alleged offense.

Yes, indeed.

The day after the events Jane Doe had no complaints . She went to the ER because her mother insisted once the videos went viral. There were no findings of vaginal tears nor of any other urogenital abnormality , She asserted that she had no intention of filing a complaint.

But once the NY Times and the National Organization of Women got involved the AG decided to grandstand for the powerful political factions.

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[Circe]

But once the NY Times and the National Organization of Women got involved the AG decided to grandstand for the powerful political factions.

I did not know that. So NOW is still functioning! Good for them.

This was definitely an appropriate case to push hard to stop grossly criminal behavior really on the part of the whole damn town! Very educational for the nation and for other DAs, I hope, that may prosecute more vigorously the next time some football players do what they do so much of, get girls drunk and rape them.

 

[Dr.Traveler]

The day after the events Jane Doe had no complaints .

That is definitely not the same as saying no crime was committed. In cases where there is a disparity of power between the victim and abuser, it's fairly common for the victim to be VERY reluctant to seek criminal charges.

 

[ShootSpeeders]

Ask a cop and he'll tell you half the rape accusations are prostitutes that didn't get paid. Rape is just another shake-down racket.

 

[ShootSpeeders]

As usual, the state-media gave out the names of the accused but not the name of the accuser. This is totally wrong. The media always takes the side of the alleged victim.

 

[AmyNation]

The day after the events Jane Doe had no complaints .

That is definitely not the same as saying no crime was committed. In cases where there is a disparity of power between the victim and abuser, it's fairly common for the victim to be VERY reluctant to seek criminal charges.

She was also passed out, and had no memory of the crime. She didnt find out what they had done to her until she saw the pics and posts.

 

[AmyNation]

As usual, the state-media gave out the names of the accused but not the name of the accuser. This is totally wrong. The media always takes the side of the alleged victim.

They were found guilty. Nothing is alleged any more.

 

[ShootSpeeders]

As usual, the state-media gave out the names of the accused but not the name of the accuser. This is totally wrong. The media always takes the side of the alleged victim.

They were found guilty. Nothing is alleged any more.

BS. The media was entirely on her side. The boys never got a fair trial and i hope they challenge the conviction on that basis.

 

[AmyNation]

Yeah! The media was on her side!

CNN Reports On The 'Promising Future' of the Steubenville Rapists, Who Are 'Very Good Students'

The Egregious, Awful and Downright Wrong Reactions to the Steubenville Rape Trial Verdict

Guilty Verdict in Steubenville Rape Case that Saw Anonymous Terrorize a Town

http://mobile.rawstory.com/therawst...ville-rape-victim-in,51474c0dd7fc7b567072b0d2

Public Shaming

 

[Contumacious]

"1. Definition of Rape. In the past, the definition of rape included the forcible genital penetration of a person without her (or his) consent. Now, some groups define rape in terms of genital penetration in which either person has consumed any alcohol or drugs, thus rendering the person unable to give consent.”

Having sex with someone who can't say yes, is rape. Laws that reflect that are a good thing.

Case in point : The Steubenville "Rape" case:

It was never established by the prosecution that she was in fact unable to consent at the time the alleged acts occurred.

It was never established by the prosecution that she did not consent prior to consuming alcohol.

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Nonsense. The prosecution proved she was unable to consent by calling numerous witnesses from the party who testified that she was too drunk to consent. They provided pictures of her passed out being carried around, and social media messages from party goers about her intoxicated state.

How did those witnesses provide testimony to convict beyond a reasonable doubt when they were themselves drunk.

Again, It was never established by the prosecution that she did not consent prior to consuming alcohol.

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[Contumacious]

But once the NY Times and the National Organization of Women got involved the AG decided to grandstand for the powerful political factions.

I did not know that. So NOW is still functioning! Good for them.

This was definitely an appropriate case to push hard to stop grossly criminal behavior really on the part of the whole damn town! Very educational for the nation and for other DAs, I hope, that may prosecute more vigorously the next time some football players do what they do so much of, get girls drunk and rape them.

Oh, I see. You are a femi-nazi.....that explains that.

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[AmyNation]

And because you say so makes it true?

 

[Circe]

And because you say so makes it true?

I hope so..............."femi-nazi" is a male code word meaning that the man just lost and the woman won. They hate that.

 

[Sallow]

How Rape Laws Remove the Presumption of Innocence​

Over the last 40 years, rape laws have undergone a fundamental transformation. But in other ways the reforms have gone too far, upending traditional tenets of criminal procedure and removing due process protections for the accused.

The overall effect has been to shift the burden of proof to the defendant, likely resulting in more wrongful convictions. In Washington state, for example, juries receive the following instruction: “The burden is on the defendant to prove by a preponderance of the evidence that the sexual intercourse was consensual."

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What a ridiculous notion.

For the most part, women don't bother reporting rape.

That's the real travesty.

Keep it up..with ideas like this..you guys are a shoe in for the most marginalized party in the country.

 

[Sallow]

Yeah! The media was on her side!

CNN Reports On The 'Promising Future' of the Steubenville Rapists, Who Are 'Very Good Students'

The Egregious, Awful and Downright Wrong Reactions to the Steubenville Rape Trial Verdict

Guilty Verdict in Steubenville Rape Case that Saw Anonymous Terrorize a Town

http://mobile.rawstory.com/therawst...ville-rape-victim-in,51474c0dd7fc7b567072b0d2

Public Shaming

Seriously disgusting.

 

[High_Gravity]

How Rape Laws Remove the Presumption of Innocence​

Over the last 40 years, rape laws have undergone a fundamental transformation. But in other ways the reforms have gone too far, upending traditional tenets of criminal procedure and removing due process protections for the accused.

The overall effect has been to shift the burden of proof to the defendant, likely resulting in more wrongful convictions. In Washington state, for example, juries receive the following instruction: “The burden is on the defendant to prove by a preponderance of the evidence that the sexual intercourse was consensual."

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And? don't rape people ass hole and you'll be fine.

 

[Sallow]

Ask a cop and he'll tell you half the rape accusations are prostitutes that didn't get paid. Rape is just another shake-down racket.

Shake down of what?

There's no "payday" for women who get raped. Only humiliation.

You guys are something else.

 

[AmyNation]

I posted in a different discussion a study that said nearly 50% of people dont consider having sex with someone who is too drunk/high to consent, rape.

I honestly feel sympathy for the boys who raped that girl in Steubenville. I feel sorry that their parents never taught them morals, I feel sorry that their community never taught them respect, and I feel sorry that none of their friends stepped up and stopped them from making the biggest mistake of their lives. I believe they didn't see anything wrong with violating her unconscience body, with taking and posting pics of her naked and laughing at her and daring other party goers to piss on her.

They didnt see anything illegal in what they did, and the biggest issue is the myriad of people who agree with them.