Re:Australia: Sex consent app proposal sparks backlash
by rebelos on Thursday March 18, 2021 @05:58AM
(#26501065)
While this is technically true, it's important to note that modern criminal justice systems are designed to minimize the likelihood of false convictions at the expense of increasing the likelihood of false acquittals. It's supposed to be very hard to achieve a conviction. And this feature is essential for social stability. History is replete with examples of disastrous alternatives.
Re:Australia: Sex consent app proposal sparks backlash
by cmeacham98 on Thursday March 18, 2021 @06:03AM
(#26501100)
Of course, to be clear this wasn't meant to be a "we can't be perfect so don't bother trying" opinion.
My point was more that while I think the app is kinda dumb for other reasons (am I expected to pull out my phone during sex if revoke consent????), dismissing it as "we can't 100% prove consent" would effectively apply to all evidence of rape and just crimes in general.
As a result, when looking at rape cases (like with other crimes), we use degrees of certainty and corroborate multiple sources of evidence. The legal system in the US requires "beyond a reasonable doubt", not "100% certain" - because the latter is impossible.