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View Diary: He Doesn't Believe There's a"Rape Culture" (208 comments)

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  •  Got it. (0+ / 0-)
    We've been through this before. I don't care about other legal systems. We have ours. It isn't perfect, but it does work and is better than most that exist or ever have existed. Going into more countries is irrelevant,since we are dealing with our system.
    Got it.  America is the bestest and greatest land that ever existed, and no need to see what all of those idiot foreigners are doing, and no need to change anything because hey it's worked fine for me and my kind in ages past.!

    Hint: that philosophy you're espousing is known as "conservatism".

    If we use beyond a reasonable doubt for the ultimate crime, murder, we certainly should use it for rape.
    If the "reasonable doubt" standard is convicting 70% of murderers and 5% of rapists, clearly they should NOT be using the same standard.
    •  Or to put it another way, if we treated murder (0+ / 0-)

      cases the way we treated rape cases, the prosecution would have to face the burden of proof to prove that the murder victim did not in fact want to be killed, and the jury would be highly disbelieving of this fact and readily convinced that the victim "asked to die".

      •  No (0+ / 0-)

        Because you can't consent to being murdered. You can consent to having sex. They are two very different crimes, but the burden of proof the prosecution has to meet is the same for good reason.

        •  You can't *legally* consent to be murdered. (0+ / 0-)

          But that just means that you're using the existing law to argue that the law must be the way it is.  It's a circular argument.  My whole point was that the default assumptions for whether someone was murdered are so much lower than for rape.

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