Eleas wrote:
Allright, then I misread your point and find myself in agreement.
Fair enough.
SVPD wrote:
Allright, then I misread your point and find myself in agreement.
Fair enough.
SVPD wrote:
I misinterpreted your meaning. Your general attitude seemed high-handed to me, and coupled with the focus on this sort of situation ("are you sure you didn't want it on some level?") plus the dismissal of every rape victim organization, I felt you were dismissing the victims as a matter of course.
I apologize for the misunderstanding. I am not trying to be high-handed here, nor dismiss victims, but the fact remains that some victims are liars and some are wrong about being raped, and it is unfair to the accused from
both a social and legal standpoint to treat the accusation as true. In the case where the accused is eventually acquitted, they must face intense scrutiny from everyone around them; scrutiny not subject to the rules of the courtroom. In cases where the case or charges are dropped they may get off legally, but what of the cloud of suspicion that might remain without formal acquittal?
Worse, I believe that a social attitude of treating rape claims as true until shown otherwise contaminates the jury pool of society and tends to subtly move the legal standard to one of "guilty until proven innocent". Unfortunately, the major weakness of the jury system is simply that people cannot be sanitized of their stupidity, predjudices, or mistaken thinking before deliberating on a case, nor be counted on to make that decision purely upon reason. A cornerstone of a just society is the principle that accidental findings of innocence are far better than accidental findings of guilt and I am very wary of anything that predjudices this.
I have to apologize. I took the context you spoke in to be all about stigmatization as a cultural and societal impulse. I didn't fully get your POV, thus I felt you were conflating the legal issue of rape contra other sex crime with the phenomenon itself. Those are different things, yes?
I would say that they are different, but inextricably intertwined. Social attitudes do not have the power to put a person in prison, but they certainly influence the attitudes of the jury making that decision. Similarly, social attitudes do not let someone go free who has committed a serious crime, but they can affect the probability of that happening very strongly.
Here I have to disagree. While it is a complex issue, the
equality index I speak of is a pretty potent indicator of the level of actual power and agency women have in society.
I do not agee with the underlying asumption that gender equality can really be measured except in very gross terms. I think there is a meaningful difference in gender equality between, say Iran and Italy, but I think that saying there is a difference between Italy and Canada is a case of false precision. I also believe that such measures contain an underlying assumption that gender equality as the West defines it is necessarily what women everywhere want. Perhaps they would if they were better educated, but I would rather not go off on that tangent.
Here I think you may have misread my meaning. My opinion is the reverse: I feel that equality in France is a bad joke, and that any society that fails to exceed its quota has significant problems. Perhaps I am biased on that account.
I apologize for misunderstanding you, but I also must ask why, if you think France is a joke, would you think it impossible or extraordinary that the U.S. exceeds it in this one particular area
Not so. I felt it pretty obvious that, given how a few years back
a prosecutor literally told the victim "you'll have to excuse me, but you really do look like a hooker" (Swedish link, but Google translator should be able to handle it), the Bjästa case, etc. ad nauseam, that you didn't contest the fact that victims are indeed blamed as part of shaming tactics in other countries. Your defense was then viewed through that perspective, and I concluded you were dismissing similar tactics and opinions
for the US only. I understand now that I was mistaken.
Fair enough. I'm afraid I cannot read Swedish, but I do speak passable Spanish and have not found Google translate to be all that great.
It has nothing to do with popularity, it has to do with relative levels of equality. You thought I wanted to engage in nationalistic bashing. I didn't and don't; I see no need to do so. Some of the sentiment may have filtered in from the post where I chastised SanchezTheWhaler for comparing the US to a fictional monochrome Europe, but that was exactly what I was opposing. Different nations have different views on these matters, to varying degrees.
Understood. All I am saying is that the opinion of European nations that the U.S. is parochial and backwards is pretty unimportant; many Americans view European nations as condescending and self-righteous. The correctness of either view is not sometihng I think we should sidetrack onto.
I think we have a fundamental disconnect here. I've not read this as being specifically about the legal system; I've read it (perhaps with the
Bjästa case in mind) as an indictment of the reaction of society as a whole. How will you be treated by colleagues, friends, etc? Will you be ostracized, reported against by ostensibly neutral parties, trivialized or threatened as in the Bjästa case? How will authorities react if everyone
but the victim claims that "she just does it for the attention"?
Well, first of all I do not think that, in the U.S. at least, very many people will claim the victim "does it for attention". In fact, I doubt it is the normal reaction in Sweden or the cases you have cited would not be so newsworthy. That may happen in certain cases, but in some cases the victim
is doing it for attention. I do not think individual cases are an indictment of society although they may indict particular prosecutors, judges, or others.
Second, I think that the perspective and reactions of others should not be based on the viewpoint of the victim, but on the viewpoint of the person holding it. Certainly if they dismiss a claim of rape out of hand based on the victim's manner of dress or because she's a "slut", they are being unreasonable and backwards. However, if their reaction is more along the lines of "I'm not saying she's lying, but I want more facts/the other side of the story" that may come across as suspicion, distrust, or lack of sympathy to the victim, but in reality is simple fairness. At one time, rape victims had a legitimate complaint that their trauma was being dismissed on irrelevancies like skirt length, but in recent years, any attempt to examine the facts or point out problems in the accuser's story has been attacked as a "short skirt defense."
Not so. I waited until you played the rape card, because I had no intention of doing that until the subject was raised and forced my hand. This was after you dismissed the viewpoint of the victims as being irrelevant, or so I took your words to mean.
On the contrary, I pointed out my wife's experiences well before that, replying to Thanas, because it is my experience that few people are able to debate rape without eventually claiming the other person does not care about victims. If you missed that, that's understandable.
*deep breath*
At any rate, I apologize for my more vitriolic outbursts. They were unnecessary, inflammatory and pointlessly personal, and I'm sorry to have said them. Moreover they attacked my perception of your argument rather than your actual intent, which I misread.
So again, I'm sorry. I had a shitty day, which predictably made me leap into an argument I should have approached in a rational manner.
Fair enough, and thank you for your apology. I apologize if anything I have said has come across as antagonistic.
I agree on the first, but not completely on the second. It would depend on how extreme said conclusions are.
If the conclusions are extreme because they simply bear no relationship to the data, that would be true. On the other hand, if they are extreme in terms of being heavily biased in favor of or against victims because that is what the data indicates, they really aren't being extreme at all, in my view.
Shit like this is why I'm kind of glad it isn't legal to go around punching people in the crotch. You'd be able to track my movement from orbit from the sheer mass of idiots I'd leave lying on the ground clutching their privates in my wake. -- Mr. Coffee