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California’s Radical College-Sex-Law Experiment
Article here. Excerpt:
'Indeed, the law’s advocates don’t uniformly believe its written standards will actually be followed at all. This defense by Amanda Marcotte is telling: “The law has no bearing on the vast majority of sexual encounters. It only applies when a student files a sexual assault complaint.” So the law will not come into play because nobody will actually try to enforce it. Instead, it will technically deem a large proportion of sexual encounters to be rape, but prosecutors will only enforce it if there is an accusation. And since most, and possibly nearly all, sexual encounters will legally be rape, then accusation will almost automatically result in conviction.
Indeed, this may be the point. Culp-Ressler dismisses concerns about convictions of innocent people. (“In reality, false rape allegations are very rare, comprising about two to eight percent of all reports.”) Two to 8 percent seems like a fairly high number of innocent people to convict as rapists, and of course that proportion could well rise quite a bit under a legal regime that expands the definition of rape in ways that are both extremely broad and extremely confusing.
...
But people have certain intuitive beliefs about justice. If most college students today do not think that sex without continuous, affirmative consent is actually rape, and there is a law in place rendering it as such, soon enough, somebody is going to be prosecuted under these terms. And that person will become a victim of a standard of justice that offends the moral sensibilities of a large number of Americans, which is directly attributable to the actions of California’s elected Democratic officials. What will the law’s defenders do then?'
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Presumed innocent until "proven" via rubber stamp
To feminists, "empowering women" is, among other things, convincing others that whenever a female accuses a male of some kind of defined or actual (or both) wrongdoing, he is by that token alone, guilty of something punishable in some way. If it's only in the context of sexual encounters (or sexual *assaults*, as feminists call them when they involve heterosexual acts), that's sufficient. They need not even have had sex, or even met each other, or been in the same place at any time in the past. Just an accusation by a female vs. a male with anything sexual involved or suggested is sufficient.
Basically, the CA legislature has not just codified for college campuses what is already a rule in the rest of society, but now requires colleges to comply with this so-called "standard" or be starved out of students by refusing to cooperate with the colleges in paying tuition from federally-backed loan sources.
"It's not an offense/crime/infraction/etc. unless there's a complaint, but the complainant has to be female and the accused male, and it has to involve sexual actions of some kind, in which case, the accused is guilty, period, with no further evidence or arguments required."
That's pretty much the rule.
just another way
for feminists to open up every man's wallet and validate their lies. when you abandon our system of laws that are based upon the 'precepts of law', you lose all of the embedded protections. once some innocent guy gets accused, this will make it routine/easier to pick his (parents) pocket in what passes for civil court these days.
speaking of lies, "in reality, false rape allegations are very rare, comprising about 2 to 8% of all reports". the truth just isn't in these nut-jobs. ask cops, its probably closer to 50%, and a slap on the wrist when caught for making a false police report = $100 fine, maybe. they will say and do whatever it takes to further their feminist/progressive agenda.
just goes to prove what has long been said about California, 'land of the nuts, fruits and flakes'. it is what it is. and w/ the extra crispy judiciary in place out there, this isn't going to get fixed any time soon.
this sort of thing is just the 'camel's nose in the tent', so to speak. next will be attempts to do away w/ the time limits rightly established for prosecution of sexual accusations by women. then any guy can have his bank account raided for false accusations of what didn't happen 10-20-30 years ago.
they do luv's 'em some free stuff.
Another weapon for women
The whole "it won't matter unless she files a complaint" just gives the woman another weapon to use against the man: Dump me and I'll accuse you of rape. And he's probably guilty under this new definition of rape, at least once.
His only defense is to accuse her of rape as well--of which she is likely guilty as well. That, in fact, may become the common way to combat these types of accusations: counter accuse. More than likely, she's guilty. Since the system is biased against him (guilty verdicts keep the Fed money flowing), it may be his only hope. In effect, he's turning the lack of due process against her.
One more thought
Apparently, under Title IX or new rules, many colleges will be taking surveys to determine the rate of sexual assault. That's how they got the infamous 1 in 5 result--from a survey.
If this new definition of rape is used in such surveys, the rate of reported rape will likely reach 100%.
And if it is 100%, do we start shutting down the universities?