Could the creation of special courts for sexual assault cases by granting further protections for the victim, provide the same status to the victim that they grant minors as well as encourage quotas to validate the establishment of the special court?

ProtoPill · 2016-02-28T14:23:23+00:00

"Maybe the defendant should not be allowed to opt out of testifying. If the complainants have to suffer through cross-examination, surely the defendant shouldn't get to bypass that."

"Having been on a jury and witnessing its weaknesses, I can safely say that no jury should be used in such trials. I believe these cases need to be heard by a tribunal consisting of judges and subject-matter legal experts."

Hahahahaha! My fucking sides. Please, for the love of Antonin Scalia, people that don't have legal training just stop speaking on legal issues. These "suggestions" are some of the most laughably unconstitutional things I have ever heard.

Edit: /u/Atlas_B_Shruggin you can't make this up. Take a look.

despisedlove2 · 2016-02-28T17:54:24+00:00

The mattress girl would love that.

[deleted] · 2016-02-28T14:08:51+00:00

Let me guess, those further protections involve protection from consequence when claims turn out to be maliciously false?

5th_Law_of_Robotics · 2016-02-28T14:55:20+00:00

Why should sexual assault be held to a different standard than assault, or murder?

Swanksterino · 2016-02-28T16:16:48+00:00

No. For two reasons right off the top of my head. Special systems of any description end up leaning strongly toward self perpetuating activities. The article cited seems to be a false corollary. There are supposed to be fewer convictions to arrests. Justice is for the accuser as well as the accused. There is no possible way to convict every single legitimate claim. The idea that it would be necessary to risk convicting one innocent to catch all guilty is morally flawed. The most just is to protect the innocent at the risk of letting more guilty go. Otherwise, facisim.

Second, sexual assault is not more special than any other violent crime. It is awful, damaging, and disgusting, but not more so than any other violent crime. Why would it merit extra special attention.

What would the success of such a system look like? Increased convictions? That is an extremely slippery slope. Lower rape stats? Idk, it's not the justice system that keeps me from raping, it is me that keeps me from raping. The ones who would are defective, and clearly not thinking properly. Extra time or special courts are not going to deter them. They are sociopaths.

[deleted] · 2016-02-28T19:17:30+00:00

I do not know...but lets start with fucking testing the rape kits...

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Johnny_Lawless_Esq · 2016-02-28T18:58:40+00:00

I think that, with modern technology, such as video feeds and so forth, the victim should not have to be put in the same room as the defendant, and the defendant should not necessarily be allowed to see the victim, but that's about it. There must still be a right for the defendant to confront and cross-examine their accuser, even if by proxy, through their defense counsel, and there MUST be a presumption of innocence.

I actually like the idea of making sexual assault cases private for both defendant and plaintiff, but the implications may be problematic. The US constitution guarantees the right to a public trial for a reason.

lbspredh · 2016-02-28T19:32:39+00:00

Ultimately the only way to get a 100% conviction rate on sexual violence is to throw due process out the window and give 0 shits about people who get wrongly convicted, that doesn't mean it's a good idea though

Also how do you know only 33 in 1000 are reported? always strikes me that this can only ever be a made up figure

wombatinaburrow · 2016-02-29T09:08:31+00:00

Sounds like common sense to me.

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