While I understand the reason for rape shield laws, I am unsure if they are truly fair to the…
Joshua Baum
166

I think there are elements of fairness to this point of view, the problem is ultimately the difficult of proving rape in our current legal climate. I think the system is based off two basic important facts in the case, protecting the victim while simultaneously making it difficult to convict which makes it problematic to decide how to look it it. On one hand, the system should be innocent until proven guilty, a civil suit isn’t exactly the best way to determine innocence or guilt due to the burden of proof being lower so in that sense Derrick Rose can reasonably lose this case be “innocent” and not get a fair shake. On the other hand, rape shield exists because serious nature of the accusation and potential punishment, this accusation will haunt Derrick Rose for the rest of his life whether he is guilty or not, the levels of slander and viciousness people will engage in to protect their reputations is mindblowing. We need Rape shield laws but there should also be an equal protection for the accused…and should be in a system that presumes you are innocent until proven guilty

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