TizMe, on Feb 5 2007, 10:58 PM, said:
Yohan, I agree that there should be something done to reduce the number of false accusations that lead to a prosecution (of any crime, not only rape).
BUT, this IS a different issue ....
I see no problem about false accusations regarding other crimes, like theft or fraud etc...the accused person, man or woman, is innocent until some evidence is coming up.
I see the problem related to special Western feminist laws, which should protect women, but are widely misused, as men are automatically considered as guilty and have no access for a good legal defense.
If the false accusation is working out, the man is in prison for a crime he did not commit, if the false accusation does not work out, nothing will be happen to this woman. She will continue with the next false accusation.
Yes, this should be changed, you are right... but I see nothing, that politics are going in this direction.
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All what is up for discussion in this Thai law and new draft (and also in the Japanese law), is solely a protection for the husband, in case of false accusation regarding 'spouse rape without assault' - and not 'violent rape of every woman' as some male/female feminists are claiming in their nonsense feminist propaganda.
While violent rape is a crime, I wonder, why it should be rape, if a married wife is going home, drunken and next day waking up without clothings ...
In fact, this is the best opportunity for the wife to claim 'spousal rape without assault', without any evidence except seen to be drunken by the bar-owner last evening - her husband will be arrested and charged with rape (same as rape against an unknown woman) as no valid consent could be given by the drunken wife - she will get a lucrative divorce and his property. He will either end in prison or will sleep in future in a van.
And now tell me, this what I told you above, will never happen, because all women are soooo honest and will NEVER act as a liar. I can assure you, it happened, it is happening just now and it will happen in the future.
Study a law like VAWA-II or the Canadian Violence Act! 'Spousal rape without assault' might be claimed by the wife even without any sexual contact, just claiming she MIGHT have been raped is already enough, and even to claim to be afraid of being raped in the own home might bring rape charges against the husband...
Might be for you this is all rape (what kind of rape ever), for me such a scenario is not rape, but bullsh*t.
About the legal system in Thailand, Japan and other nations it must be noticed, that the law is protecting the innocent husband against such fabricated bullsh*t claims of his own estranged wife in case of divorce.