ABA Resolves You’re Guilty of Rape

Submitted by Matt on Tue, 2019-08-06 00:01

Article here. Please see first comment for contact info. Excerpt:

'It was only a few years ago when the woke at the American Law institute tried their darndest to change the model penal code to make every defendant a rapist if someone said so. Sure, it’s ironic as the cognitive-dissonance-impaired scholars railed against mass incarceration, for decriminalization of drugs and rended their hair suits over the disproportionate convictions of minorities, while simultaneously doing the opposite when it came to sex offenses.

After all, anything that negatively impacted the feelings of women trumped every other concept for which they were ready to man the barricades. A rationalization was that sexual assault had become an “epidemic.” Of course, it became an “epidemic” because the woke eliminated any definition and turned it into “rape is whatever a woman feels it is, whenever she feels it, for good reason, bad reason or no reason.”
...

In the meantime, the ABA apparently shared my concern for the marginalized and has taken up the cause where ALI failed. Resolution 114 will be put to their House of Delegates at its Annual Meeting, consisting of the last three full-paying members and lots of third-wave-feminist academics.

COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE
CRIMINAL JUSTICE SECTION
CIVIL RIGHTS AND SOCIAL JUSTICE SECTION
REPORT TO THE HOUSE OF DELEGATES
RESOLUTION

1 RESOLVED, That the American Bar Association urges legislatures and courts to define
2 consent in sexual assault cases as the assent of a person who is competent to give
3 consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to
4 provide that consent is expressed by words or action in the context of all the
5 circumstances, and to reject any requirement that sexual assault victims have a legal
6 burden of verbal or physical resistance.'

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ABA Criminal Justice Section Director Kevin Scruggs
(202) 662-1503
kevin.scruggs@americanbar.org

Be polite! Just say you think this is a really bad idea because _______.

Some possible WHYs are:

1. It's contrary to the tradition of the burden of proof being on the accuser/the state.
2. In the US we presume innocence until the suspect is proven guilty. This differs from other countries' standards for significant reasons.
3. An accusation would be tantamount to a finding of guilt because proving a negative assertion ("I am not guilty of rape.") is nearly impossible especially in he said-she said situations.
4. People communicate prior to sex largely with body language and proximity of contact. Rarely do ppl naturally sit and negotiate the terms of sexual contact. (When they do it's usually illegal.)
5. Creating a burden on ppl legally that runs contrary to the customs of the ppl and of human nature is a recipe for criminalizing much of the population.
6. Laws against sexual interactions have been tried before. They are uniformly abject failures.
7. A good king makes no law he can't effectively enforce.

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Submitted by Matt on Tue, 2019-08-06 15:18