Re: JC Woman Accuses Murphy Staffer of Rape
Posted by bodhipooh on 2018/12/8 12:40:02
If you take a car without documented evidence of the owner's permission, you can be charged and convicted of theft. Irrespective of whether you claim the owner gave you verbal consent. How is this different?
You are really grasping at straws here... if you are caught with someone else's property it is 100% on you to demonstrate you have permission to have said property on/with you. There is a tangible asset for which you must be able to account. So, of course you have to have provable consent/proof that is OK for you to have that property.
The issue of consent is not to be dismissed, but your suggestions are outlandish and your proposed solutions unworkable and will never see the light of day.
And there are also plenty of laws where presumption of innocence is diluted. Existing rape shield laws being an obvious example.
You obviously do not know or understand what a rape shield law is, or entails. It does not, in any way, dilute the presumption of innocence. What those laws do is prevent attacks against the character of the accuser. The accused is still presumed innocent and proving his/her culpability is still the responsibility of the prosecution, while the rape shield laws prevent the defense from trying to get off the accuser by shifting blame to the victim.
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