Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.PCS 1/10/84; site mtgzz.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxt!houxm!mtuxo!mtgzz!dls From: dls@mtgzz.UUCP (d.l.skran) Newsgroups: net.women Subject: Why men worry about being falsely accused Message-ID: <809@mtgzz.UUCP> Date: Wed, 12-Jun-85 04:27:14 EDT Article-I.D.: mtgzz.809 Posted: Wed Jun 12 04:27:14 1985 Date-Received: Thu, 6-Jun-85 07:09:11 EDT Organization: AT&T Information Systems Labs, Holmdel NJ Lines: 77 Disclaimer: I agree, rape(including non-sexual rape), is a crime of violence, regardless of motive. It is a crime, and should be treated as a crime. Excuses based on provocative clothing and enticement should be given the short shift they deserve. My belief is that some reform of the law surrounding rape is called for, and that many "reform" laws have already been passed. No doubt further work is required here. However, many people are extremely angry about rape as an issue and an event. Angry people call for extreme measures - long sentances, the death penalty, castration, etc. Angry people lash out in a broad sweep at all kinds of supposed "causes" of rape, including pornography. Finally, angry people call for ways to make rape convictions easier, to ease off on the victim, to allow the evidence to be weaker for a conviction. Such sentiments are common among law abiding citizens in relationship to all crimes. The popular view is that crooks get off easily, and that our courts have no good reason to operate the way they do. I do think that our justice system is imperfect, and have my own ideas as to its reform. However, I am writing now to tout its virtues. I was at one point accused of an esstentially subjective crime - a disorderly persons offense revolving around the amount of noise I made in my upstairs apartment. Forgive me if I leave out juicy details, but I have no desire to incur any legal liabilities. From my point of view, I was falsely accused. The person accusing me had not even bothered to walk upstairs and complain prior to calling the police. Once I arrived in court, the reason for all those rules protecting the defendent became abundantly clear to me. Those rules were ALL that stood between me and a conviction for a crime I did not commit. The prosection had to prove beyond a reasonable doubt that I had actually done what I was accused of doing. There had to be PROOF, witnesses, physical evidence, something! I had the right to confront my accuser, to ask probing questions, and to make statements in my own defense. I easily refuted some of the specific claims being made by presenting hard evidence of my own. In the end it boiled down to someone's word against mine. The case was dismissed. But frankly, I was scared spitless throughout - mainly by the thought that someone disliked me enough to falsely accuse me of a crime. I have one point and one point only: just saying someone committed a crime, ANY CRIME, can never be enough to convict them. This is my only protection against false accusation. Every one of us probably has someone, perhaps someone we do not even know, who, if they could, would delight in making trouble for us. Our only protection against these people is our legal system. What I have said goes for rape as for all other crimes. It goes for all kinds of rape - Date rape, wife rape, stranger rape. Cases must be decided one at a time based on the evidence. Punishement must be appropriate to the magnitude of the crime. There must be no excuses of provocative clothing permitted, but the case must be proven beyond a reasonable doubt. This means, regretably, that some rapists, and some murderers, and some check forgers, will go free. This is they price we all collectively pay for our consitutional rights. It is a price I will gladly pay. I know that I may not feel this way after I get mugged and the mugger gets off on some minor rule, but I hope I do. It is extremely easy to sit on the sidelines and urge that harse punishment be meted out to "criminals." It is only when we sit down in court and listen to different cases that we realize the difference between being in jail(or dead in the chair), and being free may rest on the word of some pretty dubious characters, and some pretty flimsy evidence. I have spent some time in court listening to cases, including husband/wife domestic violence, and I assure you it is sometimes anything but simple to decide guilt and innocence. In fact, I urge you all to go to your local night court and get a feel for what the legal system is about. I found it an education well worth getting. Dale All opinions are my own, and not to be associated with AT&T.