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Ched Evans cleared of rape in retrial

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Original post by Bornblue
I'm not going to argue about whether or not such a culture exists.
What I will say however is that true stats about sexual assault and rape are hard to come by. When people think of rape/sexual assault they tend to think of a stranger in a club or a dark alley. However, the reality is that most rapes and sexual assaults are carried out by people who know the victim.

Often this can be in marriages, or with ex partners, or with friends or even sometimes family. Many women and men who have been coerced into sex have commented about the sheer trauma and embarrassment that it has caused them. It makes them question their sexuality, it makes them feel dirty and disgusting. If they know the person, it makes them very dissuaded from reporting it.

If you are a man who has been raped by another man, it can make you feel humiliated about your sexuality, with many feeling ashamed. If you are a man who is sexually assaulted by a woman, again it can make you fee embarrassed and weak.

If you're a woman who knows or cares for the man personally who has raped them, it's incredibly difficult for them to report them. Many just want to forget it.


I'm not getting into whether or not rape culture exists, but what we do know is that both men and women who are victims of rape and sexual assault can be very reluctant to report it and it makes gaining accurate data difficult.


Maybe figures like '1 in 6 women will be raped' and '50 something thousand rapes a year' should stop being reported as facts then when they're little more than estimates from a flawed survey.

I remember debating this with you in the past and when I questioned CSEW figures you vehemently defended them but now you're doubting them?


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Original post by Underscore__
Maybe figures like '1 in 6 women will be raped' and '50 something thousand rapes a year' should stop being reported as facts then when they're little more than estimates from a flawed survey.

I remember debating this with you in the past and when I questioned CSEW figures you vehemently defended them but now you're doubting them?


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It's hard to gain really accurate data. What we can say with a fair amount of conviction is that both men and women under report sexual assault and rape.

Often men who are raped or sexually assaulted feel totally humiliated and demasculated, whereas women often have an emotional connection to their aggressor making it difficult for them to come forward.

Often for both men and women the humiliation is so scarring that they simply want to forget about it and the last thing they want is a two year court case, where time and time again they will have to talk about the incident.

I won't claim I know the exact figures, no one does. But I think we can say with a fair degree of certainty that all types of sexual assaults and rapes are under reported.

There is of course the problem that if someone is sexually assaulted, a conviction requires the other person to not have a reasonable belief that they were.

Which means even if you are coerced into sex against your will, it won't necessarily be a crime. That to me seems quite backwards.
Original post by tantalised
Good. He didn't bloody do it anyway.


I think you'll find he admitted that he did do it. The debate was about whether she agreed to him doing it.
Do you think the media should apologize to him? Are you okay? Don't you realize God is now the media?

Your businesses will fail if the media don't support you.

Don't be against the media,dude. Or...you'll be sorry.

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Original post by Bornblue
I'm not going to argue about whether or not such a culture exists.
What I will say however is that true stats about sexual assault and rape are hard to come by. When people think of rape/sexual assault they tend to think of a stranger in a club or a dark alley. However, the reality is that most rapes and sexual assaults are carried out by people who know the victim.

Often this can be in marriages, or with ex partners, or with friends or even sometimes family. Many women and men who have been coerced into sex have commented about the sheer trauma and embarrassment that it has caused them. It makes them question their sexuality, it makes them feel dirty and disgusting. If they know the person, it makes them very dissuaded from reporting it.

If you are a man who has been raped by another man, it can make you feel humiliated about your sexuality, with many feeling ashamed. If you are a man who is sexually assaulted by a woman, again it can make you fee embarrassed and weak.

If you're a woman who knows or cares for the man personally who has raped them, it's incredibly difficult for them to report them. Many just want to forget it.


I'm not getting into whether or not rape culture exists, but what we do know is that both men and women who are victims of rape and sexual assault can be very reluctant to report it and it makes gaining accurate data difficult.


While the general public might have misconceptions, the professionals who are used to dealing with this do not. As a result the graph I posted is British Crime Survey estimate numbers, rather than police recorded crime. And while not every case will be reported significantly more reports are filed than there were around 4-6 years ago. In fact since the Jimmy Savile scandal was exposed, the number of reports has been increasing each year (Home Office, ONS crime statistics)
Original post by Good bloke
I think you'll find he admitted that he did do it. The debate was about whether she agreed to him doing it.


Well if by 'it' they meant rape then he didn't do it (at least legally speaking)


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Original post by Underscore__
Maybe figures like '1 in 6 women will be raped' and '50 something thousand rapes a year' should stop being reported as facts then when they're little more than estimates from a flawed survey.

I remember debating this with you in the past and when I questioned CSEW figures you vehemently defended them but now you're doubting them?


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The CSEW estimates have improved since the 'flawed study' was carried out, which was between 2009/10 and 2011/12, and the findings weren't made public until the beginning of 2013, so that is a few years ago now. However because the newer findings weren't published in an official study, feminists keep repeating the old data even though it is between 4 and 6 years out of date. When you look at the most recent estimates by CSEW it shows a steep decline from about 2012 onward. The 1/6 figure is ******** though, again CSEW says something like 1 in 20 at most.
The graph here shows the newer information.
http://freethoughtblogs.com/hetpat/files/2015/02/VAWgraph.png
(edited 7 years ago)
Original post by dtin
The CSEW estimates have improved since the 'flawed study' was carried out, which was between 2009/10 and 2011/12, and the findings weren't made public until the beginning of 2013, so that is a few years ago now. However because the newer findings weren't published in an official study, feminists keep repeating the old data even though it is between 4 and 6 years out of date. When you look at the most recent estimates by CSEW it shows a steep decline from about 2012 onward. The 1/6 figure is ******** though, again CSEW says something like 1 in 20 at most.
The graph here shows the newer information.
http://freethoughtblogs.com/hetpat/files/2015/02/VAWgraph.png


It's flawed because of way the question on rape is asked; just because you've had sex and weren't consenting or lacked the capability to consent it doesn't mean you were raped


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Original post by Underscore__
It's flawed because of way the question on rape is asked; just because you've had sex and weren't consenting or lacked the capability to consent it doesn't mean you were raped


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Eh? A man has sex with someone and they neither consented nor even had the capacity to consent, yet you think there was no rape? That sounds like the very definition of rape to me.
Original post by Good bloke
Eh? A man has sex with someone and they neither consented nor even had the capacity to consent, yet you think there was no rape? That sounds like the very definition of rape to me.


What's important is what he believed. In most cases where there is no consent there won't be a reasonable belief that consent existed but there can be. If you reasonably believe in consent you're no guilty regardless of whether it existed or not


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Original post by Underscore__
What's important is what he believed. In most cases where there is no consent there won't be a reasonable belief that consent existed but there can be. If you reasonably believe in consent you're no guilty regardless of whether it existed or not


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You're correct. Isn't there an issue though with basing it solely on what the perpetrator believes? The law seems outdated.

Surely the focus should be more on whether or not the complainant was actually consenting rather on whether the defendant believed they were?

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Original post by Underscore__
What's important is what he believed. In most cases where there is no consent there won't be a reasonable belief that consent existed but there can be. If you reasonably believe in consent you're no guilty regardless of whether it existed or not


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Yes, but the reasonableness of the belief gets more tenuous as the capacity of the victim reduces. Men who have sex with drunk women are fools. Drunk women, alone in the company of drunk men, especially adolescent ones, are also fools.
(edited 7 years ago)
Original post by Bornblue
You're correct. Isn't there an issue though with basing it solely on what the perpetrator believes? The law seems outdated.

Surely the focus should be more on whether or not the complainant was actually consenting rather on whether the defendant believed they were?

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I think it's a hard line to draw really. It seems harsh to punish someone for having sex with a person they believed was consenting especially when that belief is reasonable



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Original post by Underscore__
I think it's a hard line to draw really. It seems harsh to punish someone for having sex with a person they believed was consenting especially when that belief is reasonable



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The problem is the word 'reasonable'. It's so subjective, what is 'reasonable' to one person may not be reasonable to another.

That's one of the biggest weaknesses of the law, it adds too much uncertainty. We are asking juries in effect t determine the law by defining what is meant by 'reasonable', which surely should be the role of law makers and judges.
(edited 7 years ago)
Original post by Bornblue
The problem is the word 'reasonable'. It's so objective, what is 'reasonable' to one person may not be reasonable to another.

That's one of the biggest weaknesses of the law, it adds too much uncertainty. We are asking juries in effect t determine the law by defining what is meant by 'reasonable', which surely should be the role of law makers and judges.


No. We are asking juries to decide on the facts of the individual case, and the circumstances will vary. If a man has sex with an unconscious stranger he didn't see while she was conscious she obviously has not given consent and is incapable of doing do; any perception that she has consented would clearly be unreasonable. If she is yelling "Give it to me lover!" his assumption of consent is a pretty reasonable one. And, of course, there are cases in between these obvious extremes.
Original post by Good bloke
No. We are asking juries to decide on the facts of the individual case, and the circumstances will vary. If a man has sex with an unconscious stranger he didn't see while she was conscious she obviously has not given consent and is incapable of doing do; any perception that she has consented would clearly be unreasonable. If she is yelling "Give it to me lover!" his assumption of consent is a pretty reasonable one. And, of course, there are cases in between these obvious extremes.


Of course there are clearer cases. But there are many unclear cases.
There is no one right answer for what a 'reasonable belief' is. In less clear decisions it can simply come down to how each of the jurors interprets the word 'reasonable'. And that can vary.

The problem is, in grey cases we are asking jurors to effectively determine what a reasonable belief is. That shouldn't be the role of jurors, the word 'reasonable' should be far more clearly defined.
Original post by Bornblue
The problem is, in grey cases we are asking jurors to effectively determine what a reasonable belief is. That shouldn't be the role of jurors, the word 'reasonable' should be far more clearly defined.


We're asking a panel of twelve jurors and insisting that at least ten of them agree, without a reasonable doubt, that it wasn't reasonable before someone's convicted. That sounds ok to me.

Particularly as it's so easy to have a reasonable belief. All Evans had to do was to ask her before sticking his penis in her.

The apologists here keep saying that lots of sex is initiated without asking, but reasonable belief in the context of a relationship - or even a gay scene darkroom - is different to a reasonable belief having arrived in a room (uninvited, unexpected and unwanted) containing someone your only prior contact with was stepping over them as they lay literally falling down drunk in a kebab shop.
Original post by unprinted
We're asking a panel of twelve jurors and insisting that at least ten of them agree, without a reasonable doubt, that it wasn't reasonable before someone's convicted. That sounds ok to me.

Particularly as it's so easy to have a reasonable belief. All Evans had to do was to ask her before sticking his penis in her.

The apologists here keep saying that lots of sex is initiated without asking, but reasonable belief in the context of a relationship - or even a gay scene darkroom - is different to a reasonable belief having arrived in a room (uninvited, unexpected and unwanted) containing someone your only prior contact with was stepping over them as they lay literally falling down drunk in a kebab shop.


Quite! Ched Evans appears to have been lucky to have had a second jury that was composed of his fans.
Original post by Bornblue
the word 'reasonable' should be far more clearly defined.


Have a go.

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