gumboot
lorcutus.tolere
- Joined
- Jun 18, 2006
- Messages
- 25,327
I do not think this is true. In the "court of public opinion" proof and facts don't really count much at all. It mostly stereotype and myth. I do realise men believe that the woman will be believed, and that is why I keep coming back to the attrition rates: their relevance is that they are one indication of the state of public opinion, because they both reflect it and inform it: the courts and the police are part of our culture, and their attitudes have been subject to research while those of the wider population have not so much.
I don't buy this line of reasoning for even one iota of a second. The entire point of the legal system is to prevent mob rule. The police and courts absolutely should not reflect the "court of public opinion". You've provided no evidence whatsoever that they do, and the number of times media coverage of court cases clashes with the eventual verdict suggests pretty strongly that they don't. The only thing you can point to is attrition rates, however that entire premise is built on the exceedingly shaky belief that absent the interference of "public opinion" these cases would result in conviction. There's absolutely no evidence to suggest this, and without it your entire argument comes crashing down.
A far more logical explanation for high attrition rates is that A) most rape cases have insufficient evidence to proceed with a prosecution and B) most rape prosecutions have insufficient evidence to secure a conviction. None of these have anything to do with public opinion and both have everything to do with due process. In other words, the high attrition rates are evidence that the courts and police do not reflect public opinion. Which is how it should be.
There's really two options here:
1) Western courts and law enforcement are utterly failing to adhere to the most basic tenants of their duty on a woeful and shocking level, yet no one seems concerned with this.
or
2) Conviction in most rape cases presented to police is unjustified based on the available information.
I'm sure I don't need to point out to most people which of the above is logical and obvious, and which is patently absurd.