Word: raped
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...argues that our definition would force investigations of rape to focus on the actions of the victim instead of the accused asserting that "[n]o other crime focuses its investigation on the actions and intentions of the victim...
Fillingham's allegation that our definition places a more severe focus on the alleged victim in the course of a rape investigation lacks foundation...
...matter what definition of rape exists, a defendant is innocent until proven guilty. It is always the prosecution's burden to show that a crime occurred and that the defendant committed...
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...