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Comment by afarrell

Rape is a crime defined by its elements, not by whether or not the victim feels they were wronged. With all crimes, if a person commits a certain act with a certain intent/state of mind, they've committed a crime and the victim's feelings on the matter are irrelevant. Now, in a rape case, without the cooperation and testimony of the victim it is very hard to present enough evidence to convict a jury that the government has proved beyond a reasonable doubt that the crime's elements were all present.

If rape was defined just be whether or not the victim felt it was rape, the victim could change their mind after-the-fact and Assange would go from not-rapist to rapist (and possibly to not-rapist again) based on not on their own actions by based on someone's feelings of guilt, anger, intimidation, or forgiveness a month from the act. This only makes any sense if you view crimes as being individual injuries to one person. But that isn't how criminal law works. If I walk up to you in the middle of a hackathon and stab you in the forearm, I have indeed harmed you and you can sue me for damages in civil court. However, I have also harmed society, specifically that part of society where people assume they can go to hackathon a without being stabbed.

A great source to learn about the fundamentals of criminal law and criminal procedure is this page maintained by a former prosecutor who now works as s defense attorney in NYC. http://lawcomic.net/guide/?page_id=5

All of this should also apply on a smaller scale to communities with Codes of Conduct: http://thebias.com/2015/08/12/take-responsibility-for-handli...

EDIT: I am not a lawyer and comments from a random person on the Internet do not establish an a attourney-client relationship. For actual advice about criminal or international law, please contact Nathan Burney, an actual lawyer who also happens to maintain the illustrated educational resource that I've linked to and I think is fantastic.

parent afarrell 11 years ago

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