- 13 Sep 2016 20:05
#14717996
I would like to suggest a radical proposal to change the way that cases of sexual violence are handled by the justice system. Firstly, I would like to suggest reason's why the current system is inadequate:
This is merely the tip of the iceberg and shows a horrific cultural attitude to sexual violence. The current system is failing the victims of these crimes and protecting the perpetrators.
The following proposals to solve the problem are very controversial.
The burden of proof in a trial should rest on the perpetrator to prove enthusiastic consent before and during a sexual encounter if the following criteria are met:
The following arguments should be unnacceptable defence against a charge of sexual violence:
I can predict that a key criticism of these proposals is that it defies "innocent until proven guilty". However, I feel that rape and sexual assault are special cases due to the cultural attitudes to the crime and the terrible outcomes of the current system.
At this current moment the system overwhelmingly favours the perpetrator and to redress the balance, radical measures are required. What do others think of these proposals and what alternative solutions are available to solve the problems.
- One in four college women report surviving rape or attempted rape at some point in their lifetime. These are anonymous reports on multi-campus surveys sampling thousands of college students nationwide (Fisher, Cullen & Turner, 2000; Tjaden & Thoennes, 2006).
- Approximately 11% of college women who experience rape report it to the police (Kilpatrick, et al., 2007).
- Of those cases reported to the police, less than 10% of rape cases result in criminal charges against a defendant (Alderden & Ullman, 2012).
This is merely the tip of the iceberg and shows a horrific cultural attitude to sexual violence. The current system is failing the victims of these crimes and protecting the perpetrators.
The following proposals to solve the problem are very controversial.
The burden of proof in a trial should rest on the perpetrator to prove enthusiastic consent before and during a sexual encounter if the following criteria are met:
- The victim filed a contemporaneous police report.
- A rape kit was taken.
- There is evidence of violence to the victim's genital area consistent with rape.
The following arguments should be unnacceptable defence against a charge of sexual violence:
- Commentary of victim's clothing, reputation or behaviour prior to the initiation of the sexual act.
- The perpetrator and/or victim was intoxicated with drugs or alcohol.
- The victim didn't verbalise a "no" at any point.
I can predict that a key criticism of these proposals is that it defies "innocent until proven guilty". However, I feel that rape and sexual assault are special cases due to the cultural attitudes to the crime and the terrible outcomes of the current system.
At this current moment the system overwhelmingly favours the perpetrator and to redress the balance, radical measures are required. What do others think of these proposals and what alternative solutions are available to solve the problems.
"If we go on explaining we shall cease to understand one another." - Charles Maurice de Talleyrand
"Each success only buys an admission ticket to a more difficult problem." - Henry A. Kissinger
"Each success only buys an admission ticket to a more difficult problem." - Henry A. Kissinger