Who needs the cow, when hou can get the milk

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
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Edson, AB
That can be a problem, but we could create our own system whereby a prosecutor must prove beyond reasonable doubt that:

1. the accused engaged in sexual intercourse with the alleged victim,

2. the alleged victim did not coerce the accused into sex, and

3. the accused was not married to the alleged victim at the time of the act.

Point 2 would be difficult to prove beyond reasonable doubt and so would provide much protection to the falsely accused. Unlike proving sexual coercion though, the prosecutor would no longer need to prove beyond reasonable doubt that the accused coerced the victim into sex.

To be fair to the accused though, a finding of guilt of fornication should obviously not lead to as harsh a punishment as for sexual coercion. A fine of around 30 grams of gold (so as to resist inflation) that doubles for each repetition of the offence would be appropriate.

If a man should accuse a woman of coercing him into sex - I'm reversing the stereotypical gender roles just to challenge sexist stereotypes - and not have enough proof to have her convicted of sexual assault, he might want to try to at least get her punished for fornication. Even then though, he still would need to prove beyond reasonable doubt that he did not coerce her into sex. Also, should the woman counter that she did not coerce him into sex, a prosecutor would still need to prove beyond reasonable doubt that she did not coerce him into sex if he wants the judge to find him guilty of fornication. In short, proving guilty beyond reasonable doubt would still be very, very difficult to do.

As for the falsely accused of sexual assault who are guilty of fornication, then at least he'd be found guilty of something for which he'd actually be guilty and not just because a judge decided to lower the burden of proof.

I'm not sure why you're so adamant about making sex illegal. There must be some underlying guilt within you.
 

White_Unifier

Senate Member
Feb 21, 2017
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Or one of those charming places where they beat women who are raped.

There like here, as long as a prosecutor can prove that the man beat and raped her, the man could face serious criminal charges. Unlike here, even if she can't prove conclusively that he beat and raped her, she might be able to prove that he at least has sex with her and that she didn't coerce him into it and so provide at least some kind of deterrent against him doing it again.

Of course beating is usually easier to prove than rape since it actually leaves cuts and bruises.
 

justlooking

Council Member
May 19, 2017
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Meh, what could have been an interesting thread ruined by the protoIslamic criminalization fantasies of a complete idiot.
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
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There like here, as long as a prosecutor can prove that the man beat and raped her, the man could face serious criminal charges. Unlike here, even if she can't prove conclusively that he beat and raped her, she might be able to prove that he at least has sex with her and that she didn't coerce him into it and so provide at least some kind of deterrent against him doing it again.

Of course beating is usually easier to prove than rape since it actually leaves cuts and bruises.
It's the authorities ordering the beating of the raped woman. Sound like your kind of place?

Also, you know nothing about even the most basic methods of torture.
 

White_Unifier

Senate Member
Feb 21, 2017
7,300
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Yeah, cause rape leaves no traces. Sure.

What's your experience of rape? Legally I could not get raped since by legal definition it involves a male perpetrator penetrating a female victim. If I understand correctly, in the case of a female perpetrator and a male victim, the law refers to it as 'forced to penetrate,' even though colloquially men will still refer to it as rape or specify the female rape of men.

That said, and without getting into too much detail, a woman did in fact force me to penetrate her once. I described a case in a previous post in this thread I believe of a man who was forced to penetrate a woman without a condom. My case was somewhat similar to his except that I was sleeping at a friend's place in a separate room. I was sleeping at her place so she could take me by surprise. When I opened my eyes and saw her on top of me, I actually had to look down before I could even believe what was happening. It then took me a second to decide how to react. I reacted very much like the man I'd described in a previous post in this thread. I too initially reacted by lowering my bum. She immediately adjusted within a fraction of a second. I then raised my bum to prepare to throw her off of me but actually had to consider whether I could injure her by doing so should she hit her head against a piece of furniture or on the floor. I was aroused and the whole episode was over within three seconds.

So why was I concerned for her safety while she was forcing me to penetrate her? I don't know. You tell me.

And to answer your question, she never bruised me at all. But hey, legally it's not technically rape. Maybe when the sexes are reversed, it's necessarily different. I don't know. I've never experienced rape according to its legal definition.

And to answer what you might ask next, no, I never reported it. I actually felt guilty at the time for having slept at her place and so put myself in such a vulnerable situation. I also feared that there was not enough proof. Even if I had gone to the hospital right away for a rape kit test, what would it have proved other than that we had unprotected sex? Furthermore, and for reasons even I can't fully understand, I didn't necessarily want to her to receive too harsh a punishment. Sure I was infuriated with her, and strangely, I would more probably have reported her had the punishment for sexual assault not been quite as severe. I did want her to receive some kind of punishment, but more as a deterrent than as a truly harsh punishment. Yet even with that, I was also ashamed and believed that there was not enough proof anyway.

One thing that still pushed me to consider reporting her was if she should get pregnant. Lucky for me, she didn't. Had she gotten pregnant and I'd reported the sexual assault at a later date, it would then have been even harder to prove. In hindsight, maybe I should still have reported her just to have it on record in case she had gotten pregnant.

But hey, I'm a man, so what do I know about rape... er... forced penetration?

Again, I'm not denying that maybe it's different when a man rapes a woman. I've never experienced that.

Had fornication been a criminal offence and punishable with a fine of let's say the equivalent of around 30 grams of gold (just to resist inflation), with the fine doubling for each repetition of the offence, I could have seen myself reporting her then for a few reasons. Firstly, it would have been easier to prove as long as she admits that I at least had not coerced her into sex. Secondly, the punishment would have been less harsh and so more tolerable to me. Strangely, she was my friend prior to the incident. To my shock and amazement, she initially couldn't understand why I was so angry at her and only understood after I'd explained it to her that she'd sexually assaulted me. She then tearfully begged me to not say anything to anyone about it. That might have prevented me from reporting her too.

Strangely though, I still believe that a defense attorney should be allowed to question an alleged victim about his sexual history. After all, had I made a criminal complaint against her, how could a judge have known that I wasn't making a false accusation against her? In fact, how could he know that I hadn't raped her and then made a criminal complaint against her precisely to protect myself behind rape shield laws? That would be ironic, wouldn't it?

I also believe though that an accused in a a sexual assault case should receive a hearing under an inquisitorial system by default unless both the alleged victim and the accused say otherwise. An inquisitorial hearing would be less intimidating for both sides I would think.

It's the authorities ordering the beating of the raped woman. Sound like your kind of place?

Also, you know nothing about even the most basic methods of torture.

OK, true enough; but I doubt that the average abusive spouse attended the CIA torture school.