• gila@lemm.ee
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    6 个月前

    They aren’t, though. That’s not an accurate preposition to associate with the courts from the circumstances given (about the case already determined), especially given Lehrmann’s trial was abandoned. The more recent findings against him were to do with a civil matter that he brought to the court. Any conclusion about the validity of his legal arguments is undermined by the fact he was under no obligation to make them.

    There aren’t any actual cases where a false rape claim has been manufactured to exploit lack of evidence about the alleged perp’s alibi, because obviously real legal and non-legal risk remains about that, regardless of any standing prejudgement about belief. Consider even in the example you’re giving to justify prejudice of the court, there was no court-determined penalty imposed upon the accused to speak of. In that case you’re just asking for legal redress for the court not arbitrating public opinion about details of a truth defense that was forced by the complainant.

    At best your position is against a perceived gender inequality whose legitimate purpose serves to address a real documented problem for many generations in Australia, over the imaginary problem you’re highlighting. I doubt your friend’s case will turn out as a better example of it. At least on the divorce court side of things you could find real bias towards women that is consistent with public opinion about those matters.

    It’s probably a better example of a problem we do have, which is abuse of legal resources that she likely happens to have laying around to arbitrarily sue over nothing & try to force out-of-court settlement. That’s gender-neutral, though, and more a product of litigation as an industry than anything else.

    • sqgl@beehaw.org
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      6 个月前

      I wasn’t complaining about the Lerhrman-Higgins outcome, only Larissa Waters’ asinine comment.

      There aren’t any actual cases where a false rape claim has been manufactured to exploit lack of evidence about the alleged perp’s alibi

      Any? You are very confidently wrong. Just Google it. eg here and here and here and here.

      My friend wasn’t even allowed to publicly defend himself against defamatory allegations of sexual misconduct which continued to be made with impunity. When he tried to raise her behavior at the IVO hearing he was told to shut up by the (female) magistrate because the hearing was about him not her.

      I should have mentioned that this was in Victoria which has recently changed to new laws which allow such abuse of process.