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Old 04-05-2005, 01:28 AM   #16
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the principle of an "'honest though mistaken' belief in consent " spoken about in the above article is idiotic... in australia one just needs to prove that there was no consent, this does not have to be communicated to the offenders. it is determined by behaviour etc. i havent done criminal law for a couple of years(cause im a law student), but this has my interest, i may just have to dig up my notes

whatever the law is here, that american principle is stupid. it just creates a loop hope which rapest can use to get off.
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Old 04-05-2005, 07:35 AM   #17
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Quote:
Originally posted by jessi-ma-ca
the principle of an "'honest though mistaken' belief in consent " spoken about in the above article is idiotic... in australia one just needs to prove that there was no consent, this does not have to be communicated to the offenders. it is determined by behaviour etc. i havent done criminal law for a couple of years(cause im a law student), but this has my interest, i may just have to dig up my notes

whatever the law is here, that american principle is stupid. it just creates a loop hope which rapest can use to get off.
Exactly. In the UK, less than 10% of rape cases that come to court result in conviction.

So - according to the "justice" system here: 90% of women who report rapes are lying.
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Old 04-05-2005, 09:17 AM   #18
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im not sure id go as far to say that the court says that the 90% of women are lyers, remember these cases are here before a jury. if there is any doubt... they cant convict. furthermore often ppl do not want to convict ppl of such a harsh crime, thus the offender may not be convited for rape, but may be convicted for criminal assault etc...
it is by no means perferct.
but the system goes back to the underpining idea that it is better to let criminals go than convict an inocent man. but it is finding the blannce between the offenders rights and the rigths and safty of the victim, and the community....

its a tought game!
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