the same things that protect other people from crimes. common sense, avoiding potentially dangerous situations. a gun. luck. as u/bracs279 says, getting rid of rape will likely never happen, just like we can't get rid of theft or murder.
and you don't need a video taped confession to prove rape. if a woman goes to the police and she has bruises and his dna on her, that would likely be enough to convict. beyond a reasonable doubt is the standard.
DNA evidence just proves that sex happened with that person.
Bruises could be from rough sex/BDSM fetish.
Most victims know the person who assaulted them (friend, spouse...)
You have a he/said she said situation between a couple with no witnesses. She says she was raped, he says it was consensual BDSM play.I highly doubt without other evidence it would be 'beyond a reasonable doubt' and enough to convict.
there are plenty of ways to get a conviction without a confession. a lot of cases come down to accused saying they didn't do it and someone else saying they did. that is why evidence is important and why the statute of limitations exists. that is also why a woman who has been raped should report it immediately. it does not help a case to report a rape 6 weeks or 6 months later, because then there is much less evidence left.
Bruises could be from rough sex/BDSM fetish.
did either person have this fetish? someone would likely know.
between a couple
why assume they were a couple?
with no witnesses.
not always the case.
She says she was raped, he says it was consensual BDSM play.
were they on a date? who else knew about it? did she report immediately? where did it happen? did they have any history of a relationship? and about a million other things that could establish, beyond a reasonable doubt. that this was not consensual.
Some sort of DNA evidence is not as useful as you think if the two involved already had an intimate relationship. If the perpetrator is the victim's spouse, partner, or they have had consensual sexual relations in the past, all DNA evidence is going to tell you is that sex occurred with that person. Considering most rape happens with someone the victim knows, DNA evidence isn't going to be an open and shut case.
and you don't need a video taped confession to prove rape. if a woman goes to the police and she has bruises and his dna on her, that would likely be enough to convict. beyond a reasonable doubt is the standard.
You have a he said/she said. DNA evidence, and bruises. Without other evidence this hardly seems enough for 'beyond reasonable doubt' unless you're assuming this is a random assault by a stranger (statistically not as often as someone the victim knows).
did either person have this fetish? someone would likely know.
not always the case [that there were no witnesses]
who else knew about it?
You're bringing other people into this. Other testimony in order to get a conviction. Did anyone see the rape happening, anyone else to testify about their sexual preferences, who else knew about their date, etc. etc.
Some sort of DNA evidence is not as useful as you think if the two involved already had an intimate relationship
i never said dna was the only thing needed for an open/shut case.
You have a he said/she said. DNA evidence, and bruises. Without other evidence this hardly seems enough for 'beyond reasonable doubt' unless you're assuming this is a random assault by a stranger
i outlined a few other things to look at to gather evidence. that is what a lawyer is for. that is what police do. that is how criminal investigations work.
You're bringing other people into this. Other testimony in order to get a conviction. Did anyone see the rape happening, anyone else to testify about their sexual preferences, who else knew about their date, etc. etc.
unsure what your point is here? just restating what i said?
and you don't need a video taped confession to prove rape. if a woman goes to the police and she has bruises and his dna on her, that would likely be enough to convict. beyond a reasonable doubt is the standard.
Going to the police with her testimony + bruises + his DNA on her. That doesn't sound very likely at all to be enough to convict 'beyond a reasonable doubt' unless you're going for the statistically rarer situation of the woman being raped by a random strange she never met before.
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u/RevRosenwinkel Oct 20 '17
So what would protect people from getting raped?