[PASSED] Protections for Sexual Assault Victims

[Jedinsto]

"I have drafted this proposal as a replacement for GA#632, which is likely to be repealed soon."

The World Assembly,

Reminding nations of a prior attempt to pass similar legislation,

Noting that such legislation was repealed due to inherent flaws,

Wishing to reinstate those protections for victims of sexual assault,

Hereby;

1. Requires that individuals who wish to report a sexual assault to the authorities be able to do so without;
   
   1. Facing any form of punishment for doing so (except if the accusation is proven to be false, held to the same standard of proof as a sexual assault charge),
   2. Any kind of intentional interference in reporting the crime,
2. Mandates that no person shall face harassment in any form on account of being a victim of sexual assault or making an accusation of sexual assault (except if the accusation is proven to be false, held to the same standard of proof as a sexual assault charge),
3. Establishes that there shall be no legally recognized difference in the severity or illegality of a sexual assault charge based on the sex, gender identity, sexual orientation, race, religion, status as a prostitute, social standing, or economic or political status of the accused or of the accuser, except where hate crime legislation applies,
4. Requires that any person in violation of clauses one or two shall face civil penalties for their actions,
5. Recommends that schools within member nations educate their students about sexual assault and how to prevent it.

[Kenmoria]

“With the changes, I wholeheartedly encourage fellow delegations to support this proposal. I don’t believe that clause 1a does require that change. To me, the phrase ‘report a sexual assault’ implies that the sexual assault happened. That was why I withdrew my repeal. However, the change does not worsen the proposal, regardless.”

[Princess Rainbow Sparkles]

Category and Strength?

[Jedinsto]

Moral Decency: Mild

[Desmosthenes and Burke]

We disagree with the semi-honorable ambassador of Kenmoria. The requirement that the allegation be "true" we think is going too far. An allegation may be well founded and in good faith, but still unable to be proven "true" in the legal sense for numerous reasons. We believe protection should only be withheld from knowingly false and/or malicious reports as opposed to allowing punishment for any report that cannot be proven true.

[Jedinsto]

We disagree with the semi-honorable ambassador of Kenmoria. The requirement that the allegation be "true" we think is going too far. An allegation may be well founded and in good faith, but still unable to be proven "true" in the legal sense for numerous reasons. We believe protection should only be withheld from knowingly false and/or malicious reports as opposed to allowing punishment for any report that cannot be proven true.

"We have made an appropriate change after considering your statement."

Edit: OOC: This will be submitted immediately following the repeal of 632.

[Jedinsto]

Submitted.

[Jedinsto]

This is now at vote.

[Kenmoria]

“I am very pleased to recommend a vote in favour of this proposal. It is well-written, addressing a vital topic for legislation in a comprehensive and proportionate manner. With my previous concerns having been fully alleged, there is no obstacle to this forming an invaluable apart of international law.”

[The Fourth Reich Socialist Republic]

We disagree with the semi-honorable ambassador of Kenmoria. The requirement that the allegation be "true" we think is going too far. An allegation may be well founded and in good faith, but still unable to be proven "true" in the legal sense for numerous reasons. We believe protection should only be withheld from knowingly false and/or malicious reports as opposed to allowing punishment for any report that cannot be proven true.

However, a just law system must operate on the basis of assumed innocence until proven otherwise, the accused should not be required to prove that an allegation is "false", it is the burden of the accuser to prove their case with evidence. Especially with a crime such as sexual assault, which would leave the accused vilified and shunned by their community, there must be more care taken to prevent its abuse by those who would maliciously falsely incriminate others.

Furthermore, should the allegation not be proven "true" or "false", then the accused must still deal with the damage caused to their reputation from the accusation even if innocent, while the accuser has no repercussions.

We will not be supporting this resolution as we believe it diminishes the burden of proof on the accuser. Although it is understood that sexual assault is a traumatic and damaging crime, justice must be fair and equitable for all crimes.

[Kinnies]

The resolution being replaced didn’t have the parentheticals on false accusations, so why did you feel the need to add them? The repeal said the point of issue was only one of the verbs at the beginning of a clause.

[Jedinsto]

The resolution being replaced didn’t have the parentheticals on false accusations, so why did you feel the need to add them? The repeal said the point of issue was only one of the verbs at the beginning of a clause.

That repeal specifically focused on one part of the resolution to avoid potentially illegality as far as I know, could be wrong on that. I'm aware there were other issues, though, and they have been addressed, too.

[Kinnies]

I don’t think the “false accusation” clauses fix a problem with the previous resolution. Why should there be additional retribution beyond normal perjury laws? Including a condition that voids the protections would lead to a system where none of the protections can be enforced until the survivor goes through 2-3 trials.

[Kenmoria]

I don’t think the “false accusation” clauses fix a problem with the previous resolution. Why should there be additional retribution beyond normal perjury laws? Including a condition that voids the protections would lead to a system where none of the protections can be enforced until the survivor goes through 2-3 trials.

(OOC: The previous resolution, in my interpretation, actually prohibited the application of the law of perjury to accusations of sexual assault. Whether this interpretation was correct was never decided, since IA submitted his repeal before I (re-)submitted mine. However, that is possibly why Jedinsto included that provision.)

[Kinnies]

The amended language doesn’t just permit perjury charges, though. It exempts people who make a false accusation from any of the protections in the resolution, which, as I said before, creates a serious delay in enforcing the protections for any survivor.

[Jedinsto]

Protections for Sexual Assault Victims was passed 13,837 votes to 1,916.

[Contrarian Extraordinaire]

"The Strange Reality is unable to comply with this resolution. Contrarian biology makes it so that Contrarians are biologically unable not to harass a sexual assault victim on sight. This makes it impossible to comply with Section 2."

"Your resolution has been officially wanked."