So I'm all for people who falsely accuse someone of rape getting the same punishment as the "rapist" would have gotten if he/she actually did it. But what if the person that actually committed rape is arrested but there isn't enough evidence to convict, what do we do then?

Samsonite314 · 2019-05-17T23:11:00+00:00

If you're asking if in that situation should the accuser face punishment? Then no. Beyond a reasonable doubt has to go both ways, for both false accusations and rape. If there's not enough evidence to prove either, then no sentencing

Photonaria · 2019-05-17T23:26:19+00:00

If there isn't enough evidence for conviction, then don't convict. It doesn't matter what genders the victim/perpetrator are, justice should be served only by evidence in all aspects of law.

It's a shit situation, it really is but loosening that just welcomes abuse of the legal system.

McFeely_Smackup · 2019-05-17T23:46:37+00:00

if you're asking what happens to the accuser if there's not enough evidence to convict, the answer is nothing.

there's a very wide difference between "not enough evidence to convict" and "false accusation", the two don't overlap.

2019-05-18T12:56:30+00:00

Both accuser and accused enjoy the assumption of innocence. Their guilt must be proven beyond a reasonable doubt.

2019-05-18T00:32:18+00:00

Then that means that there isn’t enough evidence. The law is clear on this one beyond a reasonable doubt

Wylanderuk · 2019-05-18T10:20:35+00:00

False is not the same as not enough evidence to convict...

tenchineuro · 2019-05-17T23:11:30+00:00

But what if the person that actually committed rape is arrested but there isn't enough evidence to convict, what do we do then?

The criminal justice process pretty much destroys the life of any man accused, so you can rest soundly knowing that.

BTW, can anyone win a battle of hypothetical? Hypothetically of course.

vxd386 · 2019-05-17T23:46:41+00:00

How about always arresting both? This way, you'll always get the criminal.

Because, you know, the most important thing is to lock someone up …

2019-05-18T06:18:25+00:00

As for the case in which there isn’t enough evidence to convict an actual rapist, let’s instead focus on preventing that situation from ever occuring in the first place. Using some common sense, a woman can avoid putting herself from putting herself in a position where someone would be able to rape her AND leave no evidence behind. At the very least, we would have a situation where CCTV footage or some type of evidence exists. We’re no having this conversation because feminists love to phrase it “blaming the victim”. But what’s so cynical about this phrase is that it is anything but blaming. As much as I wish we were, we are no at the point yet where we live in a perfect world where we can go absoultely everywhere and do anything without any consequences. I, as an athletic, college-aged male, cannot walk down a dark alley alone without the risk of getting robbed just as a women cannot do the same without the risk of being raped. Women are no longer taught this, and as a result, more rape victims are made.

As opposed to what feminists will tell you, this isn’t “justifying rapists”. It’s just called being smart.

Lion_amongst_gods · 2019-05-18T07:42:47+00:00

Equal punishment for the rapist and the false rape accuser- if the court reaches the point of conviction.
No punishment, no remarks on a person's permanent record, no nothing if there's no conviction either way. Also, the plaintiff pays for the defendant's legal expenses.
Full anonymity until conviction, irrespective of the gender. If no conviction is reached, no names should be revealed. And both parties go back to their lives.

2019-05-18T11:26:48+00:00

If you don't have enough evidence to convict, by definition you do not know beyond a reasonable doubt that they did it.

So you do nothing.

2019-05-17T23:20:03+00:00

https://en.m.wikipedia.org/wiki/Blackstone%27s_ratio

alclarkey · 2019-05-18T01:30:57+00:00

I'd like for all actual rapists to be convicted. I'd also like energy to be free and abundant, and I want FTL travel. Eventually we'll get there. It's a slow process.

runner557 · 2019-05-18T02:50:30+00:00

The man will already be toast anyway. Especially if the media is involved. The media will always take the woman's side.

runner557 · 2019-05-18T02:51:03+00:00

The man will already be toast anyway. Especially if the media is involved. The media will always take the woman's side.

runner557 · 2019-05-18T02:54:06+00:00

The man will already be toast anyway. Especially if the media is involved. The media will always take the woman's side.

2019-05-18T02:56:58+00:00