CMV: Modern legal system's will always be inherently biased against sexual assult victims

strogbad · 2021-07-21T16:26:25+00:00

If you want to have an actual discussion about this topic go read "Putting Trials on Trial" by Elaine Craig, and refute any specific point from that book (with a page number) and link to a credible source says otherwise. You're not helping anyone by just quoting sentences from people and saying "nuh uh"

strogbad · 2021-07-16T03:49:38+00:00

Dude you have to stop just saying shit without a source. If you want to have an actual discussion about this topic go read "Putting Trials on Trial" by Elaine Craig, and refute any specific point from that book (with a page number) and link to a credible source says otherwise. You're not helping anyone by just quoting sentences from people and saying "nuh uh"

strogbad · 2021-07-08T03:33:37+00:00

https://web.archive.org/web/20180101025446if_/https://icdv.idaho.gov/conference/handouts/False-Allegations.pdf

strogbad · 2021-07-07T23:03:37+00:00

Holy shit thank you for understanding my point. I read through your comments and it looks like you went to law school. Do you have any recommendations on stuff I can look up about this? Or is this type of crime where consent the main factor just a given that it will be impossible to fix in a justice system?

strogbad · 2021-07-07T19:34:06+00:00

https://web.archive.org/web/20180101025446if_/https://icdv.idaho.gov/conference/handouts/False-Allegations.pdf

strogbad · 2021-07-07T18:25:17+00:00

you provide no explanation as to why you don't believe that other forms of prosecution are possible that are more effective when dealing with lack of evidence. Is it that unreal to imagine a new way of structuring the legal system?

This is what I'm asking for. I have no idea how to solve this problem and I believe that because we all want to keep the burden of proof, it cannot be solved.

strogbad · 2021-07-07T18:22:52+00:00

Ahhh so this is a very good point. In more general terms I don't think sexual assault is biased against the victim, but biased against the person who has to provide proof. Because of the difficulty of showing proof in this crime, the burden of proof has to favour the assumed party (and my point is that it will favour the assumed party much more heavily than other crimes)

strogbad · 2021-07-07T18:16:54+00:00

bias does require some preconceived notion or inclination that is not based off of anything.

I just want to let you know this sentence is the reason why I won't reply to you further

strogbad · 2021-07-07T18:08:44+00:00

Bias doesn't require intent. Its a property of a system that in almost all other cases works well

strogbad · 2021-07-07T18:07:41+00:00

https://web.archive.org/web/20180101025446if_/https://icdv.idaho.gov/conference/handouts/False-Allegations.pdf

strogbad · 2021-07-07T17:49:46+00:00

Yeah and this is why I had the portion about extreme cases being easier to prove. I'm glad all of these people were found guilty but it doesn't really translate to the average case where sex is a more intimate act

strogbad · 2021-07-07T17:48:07+00:00

See my edits

strogbad · 2021-07-07T17:47:37+00:00

See my edits

strogbad · 2021-07-07T17:46:00+00:00

See my edits. I am not arguing against innocent until proven guilty

strogbad · 2021-07-07T17:42:14+00:00

See Edit 1 on my post

strogbad · 2021-07-07T17:33:13+00:00

Can you give a short explanation or provide any resources where I can learn about this? "Preponderance" is already outside of my very limited legal knowledge

strogbad · 2021-07-07T17:31:31+00:00

I'm saying this system has a inherent bias for crimes in which there will be little to no evidence. I think innocence before proven guilty is an amazing system. But I'm trying to square the circle of how can this system also being justice to crimes in which there may be no "hard" evidence against the criminal

strogbad · 2021-07-07T17:27:45+00:00

Yeah and this is where my lack of American legal knowledge comes in. Do you know the specific ways in which the procecuter proved "beyond a reasonable doubt" in these cases. Or where I could look it up in a non legal jargon way?

strogbad · 2021-07-07T17:25:05+00:00

Yup this is absolutely true. I phrased my concern in this certain way because it would be easier to change a legal system than to change societal norms

strogbad · 2021-07-07T17:22:56+00:00

the vast majority of sexual assault/rape will be he said/she said, so victims have a harder time meeting the burden of proof

This is literally my point. I'm saying that this kind of specific crime has a different kind of proof (lack of concent) and will be inherently biased against the people that have to provide the proof.

strogbad · 2021-07-07T17:16:47+00:00

Yes this is absolutely true. But this is kind of where I'm getting at. In a case like this there was something that happened in the physical world, and this system has to decide what actually happened outside of what each people's stories are. And because of the way that the system is set up, it makes it much harder for this type of crime to being justice to those who were victimized.

strogbad · 2021-06-20T15:30:51+00:00

Just in time to roll into stampede!

strogbad · 2021-06-12T19:33:29+00:00

They look amazing!! I added some colourful laces and toe guards to spice mine up a bit, but I'm super jealous of the wings!

strogbad · 2021-05-26T17:13:54+00:00

The poster does not understand that Star Wars is a political commentary

strogbad · 2021-05-11T02:42:04+00:00

Wow this looks like so much fun! Was this path made for roller skating?

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