I may have misspoken, I can't find anything directly saying that it could be brought to trial based on hearsay, but it is definitely possible for a man to be arrested without any corroborating evidence from the accuser. This might give more info:
Because of rape shield laws, the victims anonymity is protected, but not the anonymity of the accused...meaning that the accused party never even has to face their accuser.
First of all, j7r, I love that your sources are
http://falserapesociety.blogspot.com/2010/07/if-presumptively-innocent-are-given.html and a Wikipedia article that claims it doesn't meet Wikipedia's standards. Way to find legitimate sources of statistics that aren't obviously biased, contrived, and/or lacking in quality at all.
As for what you said in the quote above, this is mainly to protect the victim from further violence and harm. If there were a lot of false rape accusations, then this might not be valid, but...
Nearly 10% of rape accusations are found to be false...obviously people like to jump the gun when charging people. Rape is a devastating charge, and even a mere accusation can ruin a man's reputation and career. That's why prosecutors are more likely to go after them: they provide free scapegoats for the media, the accused are more likely to settle and keep numbers where they want them. There are actually cases of British lawmakers making stricter laws in the late 90s because rape allegations were at an all-time low.
Only 10% by your statistics??? That means a whopping 90% are true accusations. And rape is actually under-reported because it's such a psychologically taxing process to have to recall the situation in its entirety... every single traumatic detail being brought back into the victim's mind. Lawyers cost money and the process is psychologically taxing, so it's not like there's a good incentive to make a false accusation.
The unfortunate part about not being able to use "she's a slut!" as evidence is that you also can't use "she explicitly told me that she wanted to do this!" as evidence. Because of the elimination of mens rea, a woman can change her mind at literally any time before or after the fact about consenting to sex, whether or not the sex was intended to be consensual from the beginning.
If a girl sleeps around a lot and everyone knows it, why would she feel the need to say that a particular one-night is rape unless it was? If she's actually promiscuous, she's probably proud of most of her conquests... so if she says it's forced one time, it's probably forced, because she'd have no reason to lie.
And if she's not promiscuous, then there's also no reason to lie.
If she was drunk when it happened, then she didn't have full control over what she was doing. Women get more submissive when they are drunk, whereas men become more assertive, so it's not as though a "yes" while drunk will always translate into a real yes. However, this is kind of a gray area for me, as well, because the woman can control how much she drinks, and the sex could have been a mistake on both parts. But if the guy forces himself on her, then it's rape whether she's drunk or not.
I've never seen anything say >90% of DV victims are female, even from horribly biased sources.
Here are some sources that back up my claim of a 60-40ish spread, and that's not counting cases where violence was reciprocal.
According to this paper, it depends on what kind of violence you're talking about. I'd like to see what you think about it:
http://onlinelibrary.wiley.com/doi/10.1111/j.1741-3737.2000.00948.x/full
And I have a problem with people saying that "rape (or anything) is the most underreported crime". How could you possibly know that, and how could you possibly quantify that with the varying definitions of rape? People saying things like that without supporting them are what creates the anti-male attitude that the author in the OP was advocating against.
Check out this paper:
http://www.mincava.umn.edu/documents/sexoff/sexoff.pdf
paper said:
The NCVS gathers information about crime and its consequences from a nationally representative
sample of U.S. residents age 12 or older about any crimes they may have experienced--whether or
not the crime was reported to a law enforcement agency. ...For both 1994 and 1995 the percentage of rape/sexual assault victimizations reported to a law
enforcement agency was 32%. The most common reason given by victims of rape/sexual assault
for reporting the crime to the police was to prevent further crimes by the offender against them.
The most common reason cited by the victim for not reporting the crime to the police was that
it was considered a personal matter.
I realize that it's an old study, but the methods behind obtaining the data seem sound, and it's not like anything major has happened that would drastically alter the study's outcome since then (if you can find evidence that shows otherwise, feel free to prove me wrong).
[/QUOTE]I don't mind this little side-tangent, but I'm personally more interested in what other people think is misogynist about the article in the OP considering the initial reaction to this thread.[/QUOTE]