Tuesday, December 18, 2018

The New Politics of Sex...Stephen Baskerville - Criminality

Most recently, the "Me Too" movement (perhaps the 4th Wave of Feminism) is recognized to potentially produce justice to/for victims of sexual harassment and/or abuse.

Well before this next wave however, a Purdue University study by Eugene J. Kanin, "False Rape Allegations", (1994) identified  41% of the "total disposed rape cases" during a nine year period were officially declared false; that is, by the complainant's admission (or recanting) that no rape had occurred.   Understand that slightly less than half of those prosecuted in these cases were, in actuality, innocent by the plaintiff's confession/clarification alone.  

Factually, what happens in these cases is not Due Process (the means justifies the end), or innocence until proven guilty beyond a reasonable doubt, but rather expedience (the end justifies the means); that is, guilt is established initially not withstanding any other testimony or evidence by/for the accused. 

Obviously, expedience presumes that the one witness is telling the truth--and has no motive except some form of recompense for the alleged abuse per her testimony or statement.   

No one should dismiss the tragedy of sexual abuse, but no system of justice should deny Due Process when Law, the 5th Amendment, clearly stipulates that the accused is "innocent until proven guilty beyond reasonable doubt".  When Due Process is not followed, the objective is no long justice but rather punishment without proof.   

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