I Want to Smash Them All wrote:Tahar Joblis wrote:
I don't think we should assume that people are lying.
If the case is a "He said, she said," we should not assume guilt. We should not assume that the accuser deserves to be thrown in jail for making a libelous accusation; we should likewise not assume that the accused is guilty.
Setting aside whether you actually practice what you claim to preach above . . . Because you usually choose your words carefully, the lack of parallelism between "should not assume that the accuser deserves to be thrown in jail for making a libelous accusation; we should likewise not assume that the accused is guilty."
Given someone guilty of rape quite clearly deserves to be thrown in jail for committing rape, you shouldn't read anything into the omission of the repetition.
Skepticism? Really? That is all you see in that?
Skepticism, leading him to believe that the girl is lying. Also, that he wants to emphasize the word "alleged" suggests he's open to the idea that people are supposed to wait to jump to conclusions until it's something other than "alleged," but I would go as far as to say he's suggesting the accuser is lying.
I believe that case has strong emotional meaning to you. I suggest you not cite it unless you are prepared for it to be examined. Seriously, I am trying to be considerate. (And, no, I would not imply in anyway the arrested man you knew was guilty.)
Well, if you want, we can talk about the Duke Lacrosse case. In the Duke Lacrosse case, I was, at the time, among the majority of people chanting that they were guilty.
If you can remember back that far on NSG, you might remember I was leaning heavily on my local connection in making the case that they had to be guilty. Why would the accuser have fabricated the charges? The DA had to be so confident for good reason!
When I say that people presume rape charges are true when they are splashed across the news, I'm saying that from the perspective of someone who used to be part of that presumption. And when I came to finally put all the pieces together, I found that I suddenly became part of a villified minority of those saying "wait to pass judgement, he may not be guilty, wait for all the facts to come out, it's not good to presume guilt" when it came to rape cases discussed here on NSG.
Funny, isn't it? I've played that side of the fence. I'm pretty sure that the majority presume guilt because it looked that way from both sides of the fence; from presuming guilt myself to fighting against the presumption of guilt. And now, I see how heavily it''s pushed in even the most otherwise-neutral sounding articles. We use rapist and victim, not accused and accuser. The alleged is there sometimes, but disappears quickly so often.
With almost no exceptions, DNA evidence is relevant only in cases where there is a dispute as to the identity of the rapist. That is a very small percentage of rape cases.
Just, y'know, a few thousand charges of sexual assault per year whose investigations involve testing DNA evidence. Just, y'know, the entire Innocence Project.
DNA evidence is a major advance. It can very often be what establishes truth or falsehood of an accusation by itself. Yes, it does not address the most difficult rape cases, where the only question is that of consent.
It is scary that you otherwise seem to agree with Justice Hale.
On the fact that rape is very difficult to prove or disprove, but that making an accusation is simple?
I think that's plainly obvious. It is typically very difficult to prove what happened when we have only the accused and the accuser for witnesses. And that's the circumstance for many rape cases.
No, that is not generally the case. Nor are things "the opposite."
So can you not introduce the defendant's sexual history?
I should think that some of it might be quite relevant. Such as the fact that the defendant has a history of being forceful... or the fact that the defendant only sleeps with men, not women.
Yes, generally, . . . and? Are there perhaps reasons for this? Or was it adopted merely to persecute men?
There are reasons for this outside of persecuting men; the reason being that additional victims may decide to come forward. Got any figures on how often that actually happens?
However, it also results in the persecution of men. How many suicides, murders, lynchings, lost jobs, wrecked reputations, and years of inflicted depression are worth an extra rape conviction?
What's your Blackstone ratio?
Tahar Joblis wrote:The remedy to past injustice is not future injustice.
Did I say otherwise? Or did you just make up something to throw at the wall?
You were talking about past injustices in order to object to the position that we tend to presume guilt of the accused in a rape case.
I repeat this because you did not actually even acknowledge it, let alone respond.
And as I said, the remedy to past injustice is not future injustice. Comprende?
That is completely non-responsive and outrageous. I never said or implied anything even fucking remotely close to support for a presumption of guilt. You should be ashamed of yourself.
You claimed that it is far from clear that calling alleged victims liars is "a less, not more, socially destructive presumption."
I have, I believe, a compelling case to the contrary, and it is rooted every bit as thoroughly in history as the injustices you find in US rape law going into the eighties. The presumption of guilt in rape cases is immensely socially destructive. The case I linked to one example of how destructive the presumption of guilt can be. It can and has meant death at the hands of vigilantes for those falsely accused. It's not irrelevant to what we're arguing over; it's of central relevance to my assertion, and to your denial of my assertion.
The presumption by the general population that an accuser, whose anonymity is maintained in the media, is in fact lying? Has very little effect in and of itself. Has a little more effect when it is present within the legal system itself, rather than simply the public. It would be a little more destructive still if the accuser's identity were being splashed around, but I still don't think it meets the standard for what we see happen with a presumption of guilt.
Yes, we should not presume accusers guilty of making false accusations. That case needs to be proved, and proved beyond reference to a simple "not guilty" verdict.




