Rape is under-prosecuted. But what the SJW crowd doesn’t teach you is that it is also really over-prosecuted. In the age of #metoo, where we are focused on cracking down on rape, we need to make sure that we retain a sense of justice toward the innocent as well. Campus kangaroo tribunals aside, we need to look at what this witch hunt does to innocent people in the criminal justice system.

56 percent of convictions of sexual assault might be attached to innocent people.

While it seems totally believable that “Out of 1,000 sexual assaults, 995 perpetrators escape responsibility.” Which is sad, I would also argue that we are WAY too liberal in doling our punishment for this crime, knowing full well that we are sending people to what is likely the harshest punishment in the criminal justice system when you consider the “official” sentencing, as well as how brutal serving that sentence will be to the person due to abuse and risk from fellow inmates.

And the burden of proof for a conviction of this crime seems lower than for other crimes. FFS, rape shield laws limit the ability to introduce evidence or cross-examine rape complainants about their past sexual behavior. While this sounds wonderful that we don’t have to make a rape trial more traumatic and embarrassing for the victim, it also increases the risk that we will have another innocent victim heading to prison. And our legal system is based on the ethos that it is better to let 1000 people go free than convict a single innocent person. That I agree with. It limits the practical efficacy of law in practice, but somehow feels more fair.

Think about what this means: if a woman used bruises on her butt as evidence that a rape occurred, and not consensual BDSM, as the accused insists, don’t you think a cross examination of the alleged victim’s past sexual behavior to see if past lovers report the same sexual proclivities? That would be super relevant to the case.

So you have a result where “DNA analysis to retest certain crimes found that, out of 422 convictions for sex crimes, subsequent forensic testing was inculpatory — supporting guilt — in only 187 cases, or 44 percent. That means that 56 percent of convictions of sexual assault might be attached to innocent people.” !!!

Can someone say holy shit!? Even more sensitive than society is about wrongful murder convictions (think “Making a Murderer”, which is very SJW’y) we need to be even more so about wrongful rape convictions because the stigma prisoners face is so much worse than that of murderers.

INB4 the whole “fake rape allegations are super rare” line: let’s be honest, we have no idea how rare they are. A rape case that doesn’t end in a conviction doesn’t make the accusation fake. Finding someone not guilty doesn’t mean they definitely didn’t do it, just that we don’t have enough evidence to be totally sure we aren’t sending an innocent person to prison. Just the same, just because we can’t prove an accusation was fake doesn’t mean it for sure isn’t fake. They obviously aren’t, but the truth definitely lies somewhere in the middle.

Source:

https://www.google.dk/amp/s/amp.miamiherald.com/opinion/op-ed/article233794677.html