Saturday, July 28, 2007

Personal interests vs. legal rights of those accused

When it comes to rape and the law many people say justice has nothing to do with the crime victim because that person is really nothing more than a witness or a piece of evidence.

Many times the rape victim and where they are available, the victim's advocates, end up trying to monitor the workings of the sometimes unreliable criminal justice system. When this happens we often get people who insist this violates the legal rights of the suspects and the defendants. This argument is very convenient considering the people who flat out say that to protect the defendant's rights the alleged victim should be put on trial and only when that alleged victim is found innocent should a jury even begin to consider finding the defendant guilty.

This desired structure perverts our justice system so that all alleged rape victims are guilty until proven innocent. This structure unfortunately is the reality in too many courtrooms and in too many police stations. This structure is also reflected in the way many people talk about rape and rape cases.

When people advocate for certain actions to ensure justice for the alleged victims in cases they aren't involved in they can be attacked with the absurd claim that they are hoping the alleged victim was raped while those who think the victim is a cold-blooded liar hope the alleged victim wasn't raped.

This sort of rationalization throws everything else these people say into question. Rather than just looking out for the legal rights of alleged rapists, they seem to looking out for the self-interests of select groups of rapists and if they help a few innocent men in the process that's okay too.

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posted by Marcella Chester @ 10:00 PM   0 comments links to this post


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