Nation of Beancounters

It’s true – the new rape law removes the presumption of innocence

Posted in Gender by Navin Kumar on July 29, 2014

The Criminal Law (Amendment) Act of 2013 inserted Section 114A into the Evidence Act of 1872. It states

In a prosecution for rape … where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court, that she did not consent, the court shall presume that she did not consent.

In other words, in a he-said-she-said scenario, courts are required to presume the man* guilty, unless he can prove otherwise.

*Only men can be accused under the new law, because enlightened activists decided that female-on-male and female-on-female rape don’t exist.

Tagged with:

2 Responses

Subscribe to comments with RSS.

  1. georgefinnegan said, on July 30, 2014 at 7:14 am

    Maybe you’ll have to get to know the woman you have sex with so you know that she won’t blow you in. Or come to know what enthusiastic consent is. I really don’t see why this is a problem, unless you don’t know the women you’re having sex with.

    • Navin Kumar said, on July 30, 2014 at 8:42 am

      “I fail to see what the problem is.”

      The problem is that men who are falsely accused of rape have no protection. The problem is not trivial; Rumney (2006) find that the median study puts the proportion of false reports at 11%. And that’s not considering the cases that are inconclusive.

      “Maybe you’ll have to get to know the woman…”

      The whole point of due process is so that innocent people are not thrown into prison just because they ticked someone off. A man shouldn’t be be incarcerated (and probably raped in prison) because he failed to “get to know” a woman. Not that that’s actually protection – false accusers are often ex-girlfriends.

      “Or come to know what enthusiastic consent is.”

      False accusations don’t arise due to unenthusiastic consent. They are the result of conscious wrongdoing.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: