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Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @04:29PM (#15942240)
This ignores the myriad ways that rape victims are further traumatized by the very due process you're demanding they subject themselves to (note: "subject themselves to", not "avail themselves of"): police, prosecutors, and defense counsel all casting various kinds of doubt on her version of events; having to bare a profoundly vulnerable experience to the world; being accused by looky-lous, her own acquaintances, "friends", and family, and people with all kinds of agendas of having made it up in the first place.

Pressing charges and seeing the process through is often reported as being a significant re-traumatization — sometimes even worse than the assault, itself.

It also ignores the fact that "hiring decisions" aren't subject to due process — and that "unemployed for life" is specious hyperbole.

EDIT: Down-voters, assume an actual rape occurred. Please convince me of how it's incumbent upon the person that was raped to subject herself to all of that, just to be "fair" to the job prospects of her rapist. If the statistics are anything to go by, he's overwhelmingly likely to be acquitted, anyway.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by bufferoverflow on Saturday December 16, 2017 @04:43PM (#15942308)
Ok, the system isn't perfect, for sure, but who cares about someone's doubt, when you have the evidence?

From what I can see, in this particular case the girl didn't press charges, even though she had a strong case (his DNA, her being very drunk, done the med evaluation quickly).

What do you propose exactly? Always believe the accuser? No more innocent till proven guilty? Make the accused unemployable? For how long?

Cause it would be trivial to create dozens of FB profiles and accuse you of rape once a week.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @04:51PM (#15942348)
As often as not — more often than not — her state of intoxication is somehow construed as a mitigating factor. "How do we know she didn't consent, but couldn't remember, because she was so drunk?"

And that happens in places where it's prima facie rape to have sex with someone who's too intoxicated to meaningfully consent. How is that not an impossible double standard?

[dead]
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @05:22PM (#15942530)
> 10 times more likely

> in the overall majority of cases

[Citations needed]

Because the actual formal-accusation:conviction statistics completely disagree with you. Only something like 25% of reported rapes in the US result in an arrest — let alone prosecution or conviction.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Saturday December 16, 2017 @07:02PM (#15943041)
I think you and the other poster are misconstruing the claims the OP made. He specifically compared false rape in his 10x claim, not all rape as you are. I don't know if this claim is true.

Furthermore, he specifically said that if there's evidence of intercourse, the guy is screwed in a rape accusation, where you're talking about all rape charges regardless of the availability of evidence.

This claim appears to be plausible.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Saturday December 16, 2017 @09:38PM (#15943692)
It's not: http://www.independent.co.uk/news/uk/crime/millionaire-ehsan...

And that's just the one I happen to remember because of the ridiculous excuse. I'm sure cursory research would dig up more.

None of the claims made in that post are plausible.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Sunday December 17, 2017 @12:26AM (#15944307)
Your response smacks of the typical over confidence of jury trials with surprising outcomes, like how people think the McDonald's coffee verdict was ridiculous until they actually learn all of the facts.

The jury deliberated on this rape case for 30 minutes on all of the evidence and apparently easily reached a not guilty verdict, but this is apparently evidence of a grand conpsiracy rather than the more reasonable conclusion that the facts reported in this article do not convey the whole story.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Sunday December 17, 2017 @01:03AM (#15944433)
I think that comparing that case and the McDonald's coffee case is ridiculous.

You're correct, we weren't in the courtroom, but that doesn't make juries infallible.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Sunday December 17, 2017 @08:22AM (#15945663)
I'm not comparing them, I'm comparing your arguments against this case to the same arguments made about the McDonald's case. It's not about the cases themselves, but our ignorance of them.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Sunday December 17, 2017 @01:16PM (#15946878)
Except that I'm not equally ignorant, given that we know the defenses argument, and it's ridiculous.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Sunday December 17, 2017 @02:04PM (#15947094)
You've presented a single vague summary of the defense argument (and given the non-guilty verdict and the article's presentation, is probably biased as well, but I reserve judgment).

So it seems you really know very little given the evidence I've seen so far, and your insistence that you know enough is frankly disturbing.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Sunday December 17, 2017 @02:15PM (#15947140)
>and your insistence that you know enough is frankly disturbing.

I'd appreciate that you not make accusations like this, and I think this violates HN conduct guidelines.

In any case. I've presented evidence that includes quotes from the testimony. You're argument rests on the jury having deliberated for 30 minutes. Juries are incredibly stupid. They can be misled, they can and do get things wrong, all the time.

My argument can be summed up as "the jury is wrong, here's why". Your counterargument is "the jury disagrees with you". And to that I'd say "duh, that's why I said they're wrong". Using the Jury's conclusion as a counterargument to the statement "The jury is incorrect" is not an argument.

[dead]
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Sunday December 17, 2017 @07:09PM (#15948445)
Quoting the guidelines:

>When disagreeing, please reply to the argument instead of calling names. "That is idiotic; 1 + 1 is 2, not 3" can be shortened to "1 + 1 is 2, not 3."

Your statements about "absurdity" and "arrogance" are unwarranted. And you're now also putting words in my mouth. I won't be responding further.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Thursday December 21, 2017 @02:06PM (#15981790)
Yeah, which would be relevant if I hadn't literally had to repeat myself 5 times in this thread. "Unwarranted", these labels are not. Labeling the argument "absurd" and "arrogant" is pretty much all that's left to do at this point, so I'll just leave it at that.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @11:59PM (#15944224)
Citations, plural, needed. I'm not conflating the claims; I want to see evidence for both of them.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by naasking on Sunday December 17, 2017 @12:28AM (#15944314)
I never said you conflated them, I said you misconstrued them, and I still think that since your rephrasings of the original arguments are making completely different claims.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Saturday December 16, 2017 @05:21PM (#15942528)
This is a relatively incredible set of claims. Care to back them up?

Specifically the 10x more likely to be exonerated of murder than rape, and the more surprising claim that a majority of false rape claims end in the guy being screwed, by which I assume you mean jailtime.

All of the evidence I've seen directly contradicts both of those assertions, so I'd like to know how you concluded that.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by joshuamorton on Saturday December 16, 2017 @06:00PM (#15942753)
This shows a misunderstanding of the us legal system. You or I don't press criminal charges, a DA does. We can report a crimes, this girl did, the rest is up to the state.

Here the girl reported a crime, there appears to have been compelling evidence that what she says was true, and the state declined to press charges.

That's not her fault, it's a systemic failure.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by aperrien on Saturday December 16, 2017 @04:37PM (#15942280)
Playing devils advocate:

Why should I hire anyone who is accused of rape when I do my background check? Why should anyone else hire such people?

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by bufferoverflow on Saturday December 16, 2017 @04:53PM (#15942356)
Because anybody can accuse anyone of anything.

Look: aperrien raped my sister today.

Why should anybody hire you or work for you now?

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by stale2002 on Saturday December 16, 2017 @05:11PM (#15942467)
I can accuse someone of being an asshole, and that we shouldn't hire him because of that.

How come nobody freaks out over THAT? Saying "this person is unpleasant to work with, ND we shouldn't hire them" wouldn't make anyone bat an eye...

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by bufferoverflow on Saturday December 16, 2017 @05:17PM (#15942507)
Nobody is freaking out about anything. We're talking about due process. Being an asshole isn't a crime, rape is a pretty bad one.

Assholes get hired all the time, even when it's known. Ever read Linus's emails? Yet I'd work with him in a heartbeat.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by stale2002 on Sunday December 17, 2017 @10:06PM (#15949098)
But my point is that I can already take away someone's due process.

I say "this person is awful to work with. Don't hire them".

And they won't get hired, 99% percent of the time.

And I can do all of this in my word alone, without and judge jury or trial.

Society already says that this is ok in hiring. Nobody is going to go around saying "you can't accuse someone of that and prevent them from being hired! That is he said she said!".

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by dang on Tuesday December 19, 2017 @02:48AM (#15958487)
> Look: aperrien raped my sister today.

Ugh. This was a nasty flamewar already—the kind of thing this site is not for. Please don't take things even closer to the bottom of the barrel.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @04:57PM (#15942383)
False rape accusations are a crime. Specious examples of false accusations are a cheap debating tactic. Literally, that is a textbook straw-man.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by bufferoverflow on Saturday December 16, 2017 @05:08PM (#15942454)
Yeah, but that's what we're discussing. How do you tell if the allegation is true?

I propose due process, evidence, trials.

What do you propose?

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @05:27PM (#15942562)
> What do you propose?

For starters, a justice system and ideological climate that isn't predisposed to discount women's lived experience of harassment and assault.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by bufferoverflow on Saturday December 16, 2017 @05:53PM (#15942716)
What does that mean specifically? Women can already press charges when they accuse someone. The problem is, many women don't. I see no evidence of women not being allowed to press charges on a mass scale.

I understand it's a traumatic experience, but so is all of violent crimes.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rosser on Saturday December 16, 2017 @06:08PM (#15942786)
> What does that mean specifically?

I'm talking about a climate where when a woman claims she's being harassed, the response is to credit the (stated) intent of the person allegedly harassing her ("I was just flirting" or "Can't you take a joke?") over her experience. I don't think it matters what your intent was. If you're making someone — anyone — uncomfortable, that's on you; it's your behavior that caused the discomfort.

Or, when a woman actually does press charges for a rape, the way it generally works out, there's substantial burden-of-proof placed upon her to substantiate her own experience. Yes, even — especially — from the police and prosecution, whose jobs it literally is to do that for her.

> The problem is, many women don't.

Given the above, and the underlying attitudes that give rise to it, can you blame them?

We have a profoundly shitty attitude, as a culture, regarding women and their sexual agency, and the way we treat rape is only a sliver of that.

Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb... by rectang on Saturday December 16, 2017 @06:11PM (#15942808)
> I see no evidence of women not being allowed to press charges on a mass scale.

Just scratching the surface, consider the massive, systemic backlog of untested rape kits in the US.

Women aren't legally prevented from pressing charges by this maddening lack of cooperation, but in practice many rape cases go unprosecuted because of police indifference or hostility.