2 ms·
Sure. I can't prove to you that US judges today still openly admit that clothing was a factor in sentencing. A cursory Google search turned up an example in Ca
by romwell 5y ago
Sure. I can't prove to you that US judges today still openly admit that clothing was a factor in sentencing.
A cursory Google search turned up an example in Canada[1] and Ireland[2]; followed by California passing a law banning use of clothing as evidence of consent last month[3]. Such laws and guidelines are still non-existent in states like Indiana[4].
I have no idea how to find court documents (I'm not a lawyer!), but given the above, I'd find it highly unlikely that the US is faring that much better than Canada and Ireland.
In particular, given that the vast majority of sexual assault and rape cases don't go to trial at all, I don't know at which stage clothing is used as evidence of consent. And as long as it's presented in court, it's a factor in the jury deciding whether to declare the defendant guilty.
But if you want to die on that hill, sure, let's assume that that particular sentence is false.
I.e. that it only used to be the case in the US, it's still the case around the world, and states like California are passing this kind of legislation in 2021 just for shits and giggles.
That doesn't affect any other point made in this conversation, but I hope you enjoy confronting this "lie" =)
[1] https://www.theglobeandmail.com/canada/article-attire-does-not-imply-consent-ontario-court-of-appeal-says-calling/ https://www.theglobeandmail.com/canada/article-attire-does-n...
[2] https://www.bbc.com/news/world-europe-46207304 https://www.bbc.com/news/world-europe-46207304
[3] https://www.kvcrnews.org/california-news/2021-10-12/in-cases-of-sexual-assault-clothing-can-no-longer-be-used-as-evidence-of-consent-under-new-california-law https://www.kvcrnews.org/california-news/2021-10-12/in-cases...
[4] https://www.thestatehousefile.com/politics/lawmakers-urged-to-define-what-consent-means-in-rape-cases/article_ecb8c854-1b94-5070-9ad0-022b66d17016.html https://www.thestatehousefile.com/politics/lawmakers-urged-t...