Hacker Read top | best | new | newcomments | leaders | about | bookmarklet login

Yes, rape is more difficult to prove than a number of other crimes. That is no reason to jump to a default "assume the accusation is false".


view as:

The reason to default to that is because a principle of our legal system is that people are innocent until proven guilty. On top of that proving someone guilty requires going beyond reasonable doubt.

The principle is the defendant is innocent until proven guilty, NOT that the accuser is making a false accusation.

There is a reason the verdict is "not guilty" instead of "innocent". After a not guilty verdict the legal system still does not assume the accuser was making a false accusation.


> There is a reason the verdict is "not guilty" instead of "innocent".

Both verdicts exists, actually; the latter one is just far rarer (since it is both harder to prove and usually not what is argued about).


Yes, and almost always a either a case of mistaken identity or emerging malfeasance by either witnesses or prosecution.

Ironically, a provable case of false rape accusation might result in this verdict.


Depends. Are certain groups disproportionally more likely to benefit from said accusations?

Sorry, it needs to be said. It's easier to take one side of an argument when it's less likely to affect you personally.


What are you actually claiming here? You stance is unclear.

That this is a contentious topic with biases on both sides. One group clearly benefits from any accusations being squashed before ever being investigated. Another benefits from never having to prove their accusations hold merit.

This is why due process is important.


I see this a lot in these discussions. What do you think Trump or Cosby's accusers gained by their accusations holding merit?

Yes, generally powerful men disproportionately benefit from accusations that a rape claim is false.

No doubt some are false, but have not seen any evidence suggesting the majority are false.


> That is no reason to jump to a default "assume the accusation is false".

That's also not what I was trying to say. I only explained why testimony is far more doubted in rape cases than in most other cases. In general, I agree with you that accusations should be treated as unproven, so neither false nor true; we have a justice system to give a final verdict.


Legal | privacy