Responsibility
Nov. 25th, 2005 08:15 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
This is inspired by the comment here, where
ladysysiphus says "If you have consumed enough alcohol to impair your judgement, I believe you then have to take at least some responsibility for putting yourself in a position where something like this might happen."
[Poll #619684]
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[Poll #619684]
no subject
Date: 2005-11-26 08:20 am (UTC)I'd like you to come up with an alternate way of holding a court case.
"I hereby accuse Jane of XXXXX. There was nobody else in the room at the time, and she denies it, but I maintain that she did it, and she must pay!"
Now, in your ideal world, how should a court case proceed from this?
no subject
Date: 2005-11-26 06:20 pm (UTC)Actually, you've asserted that for this crime - rape - that if the man claims the woman consented, that's enough by itself to introduce "reasonable doubt" and acquit him. All the evidence says he raped her: but so long as he claims he didn't do it, you accept that as sufficient doubt and say he shouldn't be convicted of rape.
Now, in your ideal world, how should a court case proceed from this?
Interesting that you keep coming up with fictional scenarios in which there is no evidence beyond one person's word, and ignore the real case, in which there is evidence not dependent on one person's word. Interesting in a sickening sort of way, that is.