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Does the way a woman/girl dress for you.....

justify the reason for assault or provocation of any kind? In the eyes of the law, through your understanding should the victim be asked why they think their state of dress provoked the other party in any way that possibly led to such events or circumstances?
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GlassDog · 41-45, M
Not at all. It seems to imply that there are rapists out there and an individual has found herself under threat as she caught the eye of one of them because of what she wore. How about we focus on the person who has committed the crime and not try to shift blame or mitigation onto the victim?

I do understand why defence lawyers may try this tactic, because ultimately they've got to pick on anything they can, but it feels immoral to me.
Darci ·
@GlassDog Well there might be other reasons why a defence lawyer would take the side of an accused person. It's not about immorality either, it's more about what sounds acceptable and sordid.

Well. When you haven't been there you can't say for sure but even by just reading something like that can blow your brain into bits. I've been to pubs where women are practically in a state of near nudity. Would that mean they're instigating in any way? See what I mean?
GlassDog · 41-45, M
@Darci I definitely see the other side of it and it's clear there must be a reason why an attacker chooses one victim over another. The problem is when you then start making the victim responsible for the crime against her. It's the same as when they ask if someone had been drinking. I remember a case of a woman who had passed out in the street and who was gang-raped. They were trying to imply it was her fault for getting into that state. It would have been her fault if she caught a cold or broke a bone, yes, but a sexual attack involves another human making a decision and humans who would take advantage of someone's vulnerability cannot use that very vulnerability as some kind of excuse.

To give it context, I've never heard a mugging victim blamed because they hadn't been to the gym and were just so muggable.
Darci ·
@GlassDog It's basically like they said, if there is enough evidence you're doomed cause it will be hard to counter argue those. When they're blurry discredit the events, when even those are blurry discredit the victim. Game over. I absolutely wouldn't fathom why a victim would charge anyone of criminal activity if they knew they would lose from the start wouldn't you?
GlassDog · 41-45, M
@Darci Yeah, absolutely. We're already in a situation where a large number of victims either don't come forward or have unfair trials. It's such a difficult allegation, though, when it might just be one person's word against another and everyone has to remain innocent until proven guilty.
Darci ·
@GlassDog Most cases never come forward probably because of stress, living trauma and all the proof and questioning and other stress you have to undergo not to mention the press doing their thing by spreading it everywhere. Really it takes some real good skill to discredit a victim easily and having the jury buy it without questioning it.
GlassDog · 41-45, M
@Darci I used to go out with a legal secretary years ago and I heard some awful things about women who had already suffered because of the crime. We both felt that the world was changing and things would get better. It doesn't feel like it has, though.
Darci ·
@GlassDog Yeah. Unfortunately it hasn't changed much. Years ago my mother was beaten up by some guy. He was accused formerly of raping a woman a town away, then assaulting my mother for telling him he was driving in the wrong lane. He walked out of the court room clean despite of all the accusations against him.
GlassDog · 41-45, M
@Darci It's shocking how many people have a story like this. I wish I could say something positive about it changing, but it'd be a lie because it doesn't feel like it. I'm really sorry about your mother, though.
Darci ·
@GlassDog and there's my cases that I never brought on trial because I know I'd never win and I don't want to force more trauma on myself than necessary. These were brave but didn't have enough solid evidence in my opinion.
GlassDog · 41-45, M
@Darci It's like you said. Who'd want to relive all that without it even securing a conviction? It does feel like just making things worse.

I did wonder once whether there's a market for a small camera to be worn at all times and then victims of any kind of crime can submit the footage rather than be questioned in court.
Darci ·
@GlassDog There's a whole process to undergo if you're to make it to court with such allegations. Video proof works but is also maybe not enough to prove the accused guilty. I just find stuff absurd. Unless of course money wasn't involved but that's just speculation.
GlassDog · 41-45, M
@Darci Yeah, that's true. I know lawyers are nervous about changing statutes to make it easier to convict people, but that doesn't mean the process has to be as it currently is. This is a crime that is unlike others.
Darci ·
@GlassDog I'd say the defense lawyer was arrogant and a bit insensitive but he definitely wanted to win the case so he went on to blast the victim as best as he could and in fact won. People argue that if you're found not guilty by a court therefore innocent. However it comes to my thinking that not having substantial proof to jail someone doesn't prove innocence? Like my mum's case kind of.
GlassDog · 41-45, M
@Darci There are also loads of mistrials because a certain procedure wasn't followed or the police acted in such and such a way. Most people in the jury are sure the defendent is guilty but they get off on a technicality. I think that's why the say the law is an ass.
Darci ·
@GlassDog It's hard to judge why the jury would stick to their claim of innocence if they think the accused it guilty. Overall I think you would have to be really lucky to win a case in court. Like absolute straight facts that would send you to jail without having to question them. Or little questioning just to make sure.