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Organization: Columbia University, Dept. of Biological Sciences.
References: <mcgeegt.921213040105@eng.auburn.edu>
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Date: Sun, 13 Dec 1992 17:46:18 GMT
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In article <mcgeegt.921213040105@eng.auburn.edu> mcgeegt@eng.auburn.edu (Gary T. McGee) writes:
>I belive that a good way to reform rape laws is to set precedents in court. This is unfortunately very hard as most lawyers will tell you.
>
>A problem in the courtroom is that women generally have to take the stand and their sexual history comes up as evidence. I do not understand it. I think if rape was tried as a crime of violence and not a sex crime, then it would be less traumatic to the victim. The lives of victims of other crimes don't usually go on display.
>
Even as an ideal, I'm not sure this is such a good idea. You don't want
to comprimise the defense. The defendant may claim that the sex was consentual.
If there is any doubt about this, then the sexual history of the accuser is
very relevant. It is certainly unfourtunate for a rape victim, but I don't
see any way to fairly avoid the situation.
It would be much better is the stigma attached to rape could be reduced
or removed. In that case, victims would have less problem testifying.
>I would like to see the day when a woman can testify without having her sexual history brought up. If we find a judge that will disallow that kind of questioning then we have our precedent. I hope it happens, but I fear that it won't.
>
So, for example, if a prostitute tries to extort additional money from a
man with threats of rape accusations, and it goes to trial; you say that the
defence should not be allowed to ask questions or provide evidence that she
was in fact a prostitute?
The difference I think between rape and other violent crimes is that rape
looks like normal social relations unless there is evidence to the contrary.
I can't say that a person agreed to let me hit them with a baseball bat. That
wouldn't be any defense at all.
DanZ
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