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What should be the burden of proof in a rape case?

What should be the burden of proof in a rape case?

  • Clear and Convincing Evidence, majority verdict

    Votes: 0 0.0%
  • Preponderance of Evidence (more likely than not), majority verdict

    Votes: 0 0.0%
  • Reason to Believe, majority verdict

    Votes: 0 0.0%
  • The Accusation Itself Is Sufficient To Convict

    Votes: 0 0.0%

  • Total voters
    12

SDET

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?
 

Beaudreaux

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?

The burden of proof is the same in any criminal case - your first choice in the poll.
 

joG

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?

It has always been a capital offence as far as I know. Why should we want to change it?
 

SDET

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It has always been a capital offence as far as I know. Why should we want to change it?

Because women are more important than men and we should err on the side of an innocent man being sent to prison rather than risking a woman not being believed claiming she's been raped. Furthermore, institutions of "higher learning" set the pattern for our future, just ask Paul Nungesser or the Duke LaCrosse team.

http://www.newsweek.com/2015/12/18/other-side-sexual-assault-crisis-403285.html
 
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Tanngrisnir

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?

That's a rather empty-headed question. Why would the entire criminal justice system change simply because rape is a more prominent issue?
 
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Chomsky

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?
It's a ridiculous question, correctly answered in the first response, and deserved of ending the thread.
 

SDET

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It's a ridiculous question, correctly answered in the first response, and deserved of ending the thread.

With so many ideologies running around, you never know how people will reply. Actually I'm pleasantly surprised.
 

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The same as for any crime.
 

Chomsky

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With so many ideologies running around, you never know how people will reply. Actually I'm pleasantly surprised.
Fair enough.

It seems like it's already handled well enough in the courts.

There's recourse against those that provide false accusation via criminal and civil statute.

And the courts require a unanimous jury finding of 'beyond reasonable doubt'.

So it seems to me to be pretty well taken care of, at least in terms of protecting the innocent.
 

Paleocon

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I see rape is a prominent issue these days. My favorite question to ask: What is the eventual result of this? Will the prominence of this issue change the criminal justice system?

Physical proof, or two witnesses without plausible motive to lie. The woman herself has motive to lie about the fact of force* being used, so she should not be accepted as one of the two witnesses.

*Though she is a credible witness if the sex act itself is sufficient to establish a crime (e.g. stat rape).
 

radcen

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I seem to be in the minority, but I think it's a perfectly valid question for discussion purposes. Especially considering that in the court of public opinion "The Accusation Itself Is Sufficient To Convict" is very prevalent. It is certainly not unheard of for an innocent person's reputation to be forever ruined due to a false and purposely malicious accusation of rape... even after the accusation has been fully debunked.
 
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