New Rape Laws

Schlong&Stable · 28 Jan 2015 at 23:13

Men accused of date rape will need to convince police that a woman consented to sex as part of a major change in the way sex offences are investigated.

The Director of Public Prosecutions said it was time for the legal system to move beyond the concept of “no means no” to recognise situations where women may have been unable to give consent.

Alison Saunders said rape victims should no longer be “blamed” by society if they are too drunk to consent to sex, or if they simply freeze and say nothing because they are terrified of their attacker.

Instead, police and prosecutors must now put a greater onus on rape suspects to demonstrate how the complainant had consented “with full capacity and freedom to do so”.

Campaigners described the move as “a huge step forward” in ensuring fewer rapists escape justice.

Source: http://www.telegraph.co.uk/news/ukn...oman-said-Yes-under-tough-new-rape-rules.html

I hope the media is sensationalising this, because how on earth do you prove a woman consented? Do we need to take video recordings of women consenting to sexual intercourse before we engage in the act?

Look, I'd be the first to call for bona fide rapists to be strung up, but whatever happened to "innocent until proven guilty". We seem to be entering dangerous territory where a woman's word is worth more than a man's and that now, an accusation is sufficient evidence.

Hyburnate · 28 Jan 2015 at 23:15

Thompson_NCL said:
We seem to be entering dangerous territory where a woman's word is worth more than a mans'.

Never!?!?!? Could see this happening long time ago.

Moothead2 · 28 Jan 2015 at 23:18

Wonder if feminists will oppose this, considering they want equality 'n' all.

Schlong&Stable · 28 Jan 2015 at 23:20

Here is the new guidance for the CPS:

The Act imposes an evidential burden on the defendant to adduce sufficient evidence to raise an issue that the complainant consented and whether or not the defendant reasonably believed the complainant consented. The question whether the defendant adduces sufficient evidence to raise an issue to be left to a jury is a matter for the judge. The issue should be left to a jury where the evidence, if accepted, raises a prima facie case. Once the defendant has done this, it will be for the prosecution to prove beyond a reasonable doubt, that the complainant did not consent and that the defendant did not reasonably believe the complainant consented.

I just cannot fathom what evidence you could provide in many circumstances. Okay, if you have a paper trail of you exchanging sexy messages etc maybe that would be something. But if you meet a girl in a bar, both of you get a little tipsy and then go back to your place, what possible evidence could you have?

Lima · 28 Jan 2015 at 23:25

How absolutely ridiculous......I can't believe how stupid this is.

GreatAuk · 28 Jan 2015 at 23:27

Don't worry guys, we live in an equal society - I'm sure there will be just as much onus on the woman to prove that the man consented as vice-versa.

Oh wait...

edit: wait, even if that were the case it would still be a weird law. Bah.

edit2: Imagine if a man and woman had sex and neither could prove that the other consented and they both got sent to jail for rape.

SGCWill · 28 Jan 2015 at 23:28

Wait until someone who commits crimes while under the influence - "I wasn't driving drunk, the car took advantage of me - I couldn't consent!"

Obviously that's taking the **** about a serious subject, but I've known 3 women who were raped and I talked to one about this and she was seriously angry about it.

I believe this is actually law in ?Florida?

All I know is I found a new function for the voice recorder on my phone (Then I'll get sued for recording sexual acts without consent.)

Nitefly · 28 Jan 2015 at 23:32

Sounds like guidance consolidation of existing case law to me! All this is doing is re-emphasising consideration of the witness statement of the defendant, which is going to be under scrutiny anyway. It's really not a big thing, not half as much as some of you are making out ^

If a girl is wrecked that senseless, I'm not really sure how you could poke her and maintain a clean conscious anyway!

Rich_L · 28 Jan 2015 at 23:33

If you read the actual press release

http://www.cps.gov.uk/news/latest_n...sent_at_first_joint_national_rape_conference/

It's interesting that the men vs women angle is basically all editorial assumption/spin by the Telegraph, the press release doesn't mention women at all - draw your own conclusions about that!

SGCWill · 28 Jan 2015 at 23:40

Nitefly said:
If a girl is wrecked that senseless, I'm not really sure how you could poke her and maintain a clean conscious anyway!

Does that apply the other way around too? How can a girl sleep with a boy who is drunk, surely that means she doesn't have his consent either? What if they're both drunk and the girl says rape?

I don't like drinking alcohol nor talking to drunk people, so I'm trying to not take the mickey or anything

Sin_Chase · 28 Jan 2015 at 23:42

I think people are reading too much into this. It seems wholly reasonable to be able to ask the defendant to demonstrate he reasonably believed consent had been given and, more importantly, consent COULD have been given.

If one party is so intoxicated as to not even be able to walk, make sense or otherwise how could they ever have provided consent? The answer is, they could not. Omission of non-consent does not mean consent.

One cannot consent when they do not have capacity.

The difficult part is when both parties are so or become so intoxicated as to not even recall what occurred and an allegation is made. If both parties were that intoxicated or became that intoxicated post intercourse neither of them make credible witnesses. Prosecutions still need to be made based on credible evidence put before a jury. This new guidance on the consent aspect will be taken as part of a much bigger picture that builds a case.

SGCWill · 28 Jan 2015 at 23:44

After reading the CPS release, I am now embarrased that I fell for editorial spin. Too little information is a dangerous thing, after all.

Schlong&Stable · 28 Jan 2015 at 23:57

Nitefly said:
Sounds like guidance consolidation of existing case law to me! All this is doing is re-emphasising consideration of the witness statement of the defendant, which is going to be under scrutiny anyway. It's really not a big thing, not half as much as some of you are making out ^

If a girl is wrecked that senseless, I'm not really sure how you could poke her and maintain a clean conscious anyway!

Yes, I realised this after my most recent post. Alas, I jumped the gun a bit and forgot the first rule of reading the news: always double check the facts.

anything I don't mind · 29 Jan 2015 at 02:25

I willbe carrying one night stand t&c from now on. Specifying consent as well as clause for maternity fraud. Just whip it out, please sign here and here.

Hyburnate · 29 Jan 2015 at 02:29

anything I don't mind said:
I willbe carrying one night stand t&c from now on. Specifying consent as well as clause for maternity fraud. Just whip it out, please sign here and here.

Yeah until that contracts voided because they were intoxicated.

anything I don't mind · 29 Jan 2015 at 02:34

Hyburnate said:
Yeah until that contracts voided because they were intoxicated.

Add a liability clause acknowledging that they fully aware and conscious and that the man can not be held liable for any unwanted children as a result.

Participant · 29 Jan 2015 at 06:15

So I can't safely have sex with drunk girls anymore? Dammit.

Mynight · 29 Jan 2015 at 06:28

Time to dust off the old webcam.

"As your honor can see she appears to be saying yes a lot. Indeed she is faking it but there is consent"

I wonder if I'd then get done for filming without consent.... Basically don't have sex anymore just incase. Even if innocent by the time it gets out your name will be dragged through the media(if they get hold of it).

Isn't this going against the presumption of innocence in the rest of law? It appears you're guilty until you convince them otherwise now.

Abraxaz1 · 29 Jan 2015 at 06:50

Basically now any women that sleeps around on a night out can claim rape. What a lovely world we live in.
A friend of mine took a girl home on a night out and they were both intoxicated, they had sex but she had a boyfriend who found out. So she cried rape. 6 months later he was acquitted.

This along with the other news of women should have lower prison sentence just shows how equal feminism is.

chaparral · 29 Jan 2015 at 06:50

Participant said:
So I can't safely have sex with drunk girls anymore? Dammit.

Sounds much better if you put it the other way around...

Drunk girls can't have sex with men anymore.........