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- Xref: sparky talk.rape:3110 soc.men:23145
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- From: evansmp@uhura.aston.ac.uk (Mark Evans)
- Subject: Re: Drunk Sex = Rape?
- Message-ID: <1993Jan23.130913.5128@aston.ac.uk>
- Followup-To: talk.rape,soc.men
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- Organization: Aston University
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- References: <C19wo7.BGw@hplntx.hpl.hp.com>
- Date: Sat, 23 Jan 1993 13:09:13 GMT
- Lines: 42
-
- Joseph Albert (albert@hpl.hp.com) wrote:
- : In article <16B5EA76A.ALI00BAW@UNCCVM.UNCC.EDU> ALI00BAW@UNCCVM.UNCC.EDU writes:
- : >
- : >I don't think that anyone will argue that if a woman is falling-down-drunk
- : >or semiconscious she is still capable of giving consent. HOWEVER, the question
- : >is, what about the one who has had perhaps one G&T more than is strictly
- : >advisable?
- : >
- : >The man MAY be morally culpable for taking advantage of her state; is he,
- : >however LEGALLY guilty of rape?
- :
- : the legal definition of forcible rape is quite clear. if the woman is too
- : drunk to to be capable of expressing that she doesn't consent to the acts,
- : then it is rape. if the woman was not too drunk to be able to express
- : non-consent, but nonetheless she did not express any lack of consent, then
- : it is not rape.
- :
- : in the justice system, the burden of proof is on the state prosecutors to
- : demonstrate to a jury beyond reasonable doubt that the woman was too drunk
- : to express non-consent.
-
- However to be able to do this they need to be able to consider just the facts
- of the case.
- It would appear that there are many people trying to undemine this by loudly
- presenting a view of guild, before that matter would even get to court.
-
- Also there is the fact that the damage to the accused may have already been
- done, dispite them being found inoccent, (or the case being insufficent
- evidence)
-
- These are more social problems than legal problems, however it is easy to see
- (due to a jury being made up of members of the general public) how these can
- damage the mechinism of a criminal justice system.
-
- (If people start with an assumption of "must be guilty" then holding a trial
- is simply, and expensive, farce)
-
- --
- -------------------------------------------------------------------------
- Mark Evans |evansmp@uhura.aston.ac.uk
- +(44) 21 429 9199 (Home) |evansmp@cs.aston.ac.uk
- +(44) 21 359 6531 x4039 (Office) |
-