FWIW, my view is that the law is too blunt an instrument to deal with many rape allegations
This is controversial I know but I think the law is too blunt an instrument to deal with many rape allegations. Take the issue of consent. It's portrayed as simple - 'yes, I want to have sex with this guy' or 'hell no, absolutely no, not ever, no, no, no'. The realities in relationships between men and women are a little different. Many women, if they're honest, are often deeply ambivalent about whether or not they want to sleep with a specific guy so they sort of go along, not saying 'no' but not really saying a whole hearted 'yes' either. Some women decide afterwards they really didn't want that to happen and so a sexual assault/rape allegation is born. It's important to say that these woman are not consciously making false allegations. They believe their reluctance, although non-verbal, was obvious and their partner *should* have picked up on it and stopped. Add in alcohol, possibly recreational drugs and, most importantly, the fact that the couple often don't know each other very well or at all and you have a nightmare to untangle and investigate. From the guy's perspective, he's genuinely baffled by an accusation of rape. She didn't say 'no', didn't resist and seemed into it. This is why cases don't get taken to court and juries are reluctant to convict in many of the ones that do. I think both parties might be better served by some sort of 'Truth and Reconciliation Committee' - the law is a very blunt instrument when dealing with intimate behaviour.
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Responses
- Re: FWIW, my view is that the law is too blunt an instrument to deal with many rape allegations - Keith-264 September 21, 2023, 4:29 pm
- Re: FWIW, my view is that the law is too blunt an instrument to deal with many rape allegations - Jackie September 21, 2023, 10:17 pm
- interesting points, thx (nm) - Ian M September 21, 2023, 10:47 pm
- Re: FWIW, my view is that the law is too blunt an instrument to deal with many rape allegations - RaskolnikovX September 22, 2023, 2:34 am
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