False accusations are a problem for the criminal justice system in general.
The problem is that the accusation isn’t “false”, in the sense that if the woman decides she didn’t want the sex after the fact it is rape by the de facto definition .
Why is this a bigger problem for rape than other crimes?
Well for starters, the DoE recently sent out a dear college letter demanding that colleges use the weakest possible standards of evidence for rape cases on pain of loosing federal funding.
There’s no way to read your assertion about de facto rape that isn’t essentially false. Accusations of murder (or child abuse) are huge blemishes, even if you are acquitted. And legally, you can’t revoke consent after the fact—the problem is proof, not definition.
Regarding the letters you mentioned, I’d like to point out if you thought some fact (i.e. someone is trying to attack you) was “more likely than not,” you’d act—not wait until the evidence was “clear and convincing” or “beyond a reasonable doubt.”
Also, there are lower evidence standards in the law than “more likely than not.” For example, a police officer can arrest you at a much lower standard.
The problem is that the accusation isn’t “false”, in the sense that if the woman decides she didn’t want the sex after the fact it is rape by the de facto definition .
Well for starters, the DoE recently sent out a dear college letter demanding that colleges use the weakest possible standards of evidence for rape cases on pain of loosing federal funding.
There’s no way to read your assertion about de facto rape that isn’t essentially false. Accusations of murder (or child abuse) are huge blemishes, even if you are acquitted. And legally, you can’t revoke consent after the fact—the problem is proof, not definition.
Regarding the letters you mentioned, I’d like to point out if you thought some fact (i.e. someone is trying to attack you) was “more likely than not,” you’d act—not wait until the evidence was “clear and convincing” or “beyond a reasonable doubt.”
Also, there are lower evidence standards in the law than “more likely than not.” For example, a police officer can arrest you at a much lower standard.