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Scotland Toughens Rape Laws & Proof of Consent
Submitted by Roy on Wed, 2008-06-18 18:59
Story here. Excerpt:
"Plans to toughen laws on rape, consent, spiking drinks and offensive e-mails and texts have been unveiled as part of an overhaul of sex crime legislation. Under the Scottish Government bill, consent would be defined in law, creating a broader statutory offence which includes male rape. There would also be new offences for sexually offensive e-mails and texts and spiking people's drinks.
...
As well as a broader definition of rape, the bill creates a range of statutory sexual offences and a definition of consent based on "free agreement", with illustrative scenarios. One of these scenarios would be where a victim was incapable of consent through alcohol or other substances."
The article is unclear about what documentation proving consent would protect a man accused of rape.
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Comments
Turning Back The Clock.....WAY BACK!
Evidently lack of protests from men in Scotland indicates that they don't mind having the civil rights and legal standing of 17th century Russian serfs.
Glad to see this law includes men
That way, if a drunken man has a sex with a drunken woman, both will be charged with rape. That should be an interesting trial.
I wonder how they treat drunken drivers in Scotland. Is it legal to drive drunk because being drunk makes a person not responsible for their behavior?
Also, who has the burden of proof regarding consent? Does the man have the burden to prove he had consent or does the woman have the burden to prove she failed to give consent. If the man, he is presumed guilty and must prove himself innocent. If the woman, she must "prove a negative," which is notoriously difficult.
What they should do is just dispense with the trial and declare every accusation of rape true and convict any man accused. That would definitely get the conviction rate up to where the authorities think it should be.
Also, does a married man need proof of consent every time he and his wife have sex? What proof passes muster? If he and his wife get drunk and have sex, is he off to jail? Another good reason not to get married.
maybe they are really trying
to get it right.
one thing said puzzles me tho.
they said they intend to give equal status to men and women. GREAT.
show the world your wisdom and maturity.
it also said the clause to make sex between children legal was deleted.
they still want to send out a message that sex between children is not OK.
so if 2 young people have sex, and it is going to be prosecuted,
who do ya'll really think is going to jail?
the girl? yeah. that's gonna really happen. get your lies straight.
well said el cid!
Excellent point about drunk drivers. I also wonder if in Scotland, when someone kills someone while high on drugs, if they're not held responsible. I'm sure that if a woman was high on ecstacy and had sex with a guy, he could be charged because she was high. Who cares that she actually wanted it at the time, and enjoyed it, as a result of her own actions, blame the guy. And people wonder why I'm an MRA.
Evan AKA X-TRNL
Real Men Don't Take Abuse!