Word: cluh
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Dates: during 1990-1999
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...point behind CLUH's definition is simple: We believe that no person should be held criminally liable for action that he or she had no reason to know was criminal in nature...
Individuals who claim to have been raped will always have to explain their actions, proving (depending on the definition) that they either said "no" when asked for consent, said "no" to an unspoken advance or that the other party failed to ask for consent. CLUH's definition and the Date Rape Task Force's definition therefore demand an equally intense examination of what an individual who claims to have been raped said, did and heard...
Practical justification for CLUH's definition emerges from an analysis of the four basic conditions under which sex can occur (we are assuming cases where no intimidation, coercion, etc. occurs, as such situations constitute rape under both our definition and that of the Task Force): 1. Neither party asks for or expresses consent, and neither dissents. 2. At least one party asks for consent and does not receive an answer. 3. Both parties ask for and receive consent. 4. At least one party dissents...
Furthermore, the burden of proof would still be on the accuser to prove that the accused actually did initiate sexual conduct. Thus the Task Force definition also places the burden of action and proof on the accuser, but is far less protective of the defendant than CLUH's definition...
Rape is a legal term, even when used in a college environment, and its definition must reflect that fact. CLUH's definition in no way increases the burden of proof on accusers and clearly better protects the rights of the accused...