No Frills About It
This past week at work, I've been doing a lot of research on what needs to be included in a comprehensive judicial committee training at the University level; dealing with sexual misconduct cases.
A rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behavior.
This law is important when determiming appropriateness of questioning in a judicial cases.
2 Comments:
Because this law is in existence, it prevents many falsely accused of rape to investigate the supposed victims past, especially if she has been involved in previous allegations of being raped which were later found to be false, made for extortion purposes, spiteful purposes, or just because she was too drunk and wouldn't have gotten herself into the situation if she had been less of a drunk and more of a lady. If a woman and man get so drunk they lose all judgement why should she be able to scream rape if it was basically drunken consensual sex?
Don't get me wrong, I am the victim of two rapes in High School which were never prosecuted due to "Boys being Boys" and women who scream rape when they aren't. I think the rape shield law should be reviewed and criteria established to determine what in a woman's past can and cannot be used by a defendant to prove his innocence.
Anonymous, I appreciate you stating your opinion and want to assure you those two rapes in High School, you experienced, were NOT your fault.
I do have many thoughts on your comment. First, in most cases of sexual violence there is usually someone who is the aggressor whether one person is drunk or both. No one asks to be raped and just because a woman or man is under the influence of alcohol does not mean they want to have sex. Rape is about power and control, not sex. Furthermore, if you're under the influence of any drug, alcohol or otherwise you can NOT give consent. Lastly, the FBI states that the percentage of false accusations is less than 2%, and if you take in to account the vast population that does not even report you might feel differently.
I don't claim to know everything about this law, but instead my purpose is to bring awareness and perhaps spark discussion. I think your comment is case of that. Again, I'm sorry you went through such horrible experiences at such a young age; no one should ever have to experience that.
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