@BillRM,
Quote:Third, the law should be change so we protect the ID of the man charge with this crime in the same manner as the woman or both names should be public from the start.
Four, knowingly filing a false claim of rape should carry the same punishment as the rape charge.
There is no reason to protect the identity of the man charged with rape. The fact that someone is charged with a crime, any crime, is a matter of public record and rape is no different. The charges are brought in the name of the state, not the name of the victim. Furthermore, because rape tends to be an under-reported crime, making the identity of the accused rapist public, gives other possible past victims of this individual more motivation to come forward.
There are many reasons to protect the identity of the woman. A rape victim may experience humiliation and shame, and, even today, many people judge the victim in a negative light ("she asked for it"). Offering the woman some identity protection helps to encourage women to report rapes and follow through with the legal process.
Filing a false police report for rape is the same as filing a false report for any other crime, and there should be a standard punishment for this offense. Filing a false police report and committing rape are not equivalent actions, and they should not receive similar punishments. If the man feels as though he has been damaged by the false accusation, he can sue the woman in civil court, just as he might sue for libel or slander if anyone else had damaged his reputation.
What on earth is "real rape"? If someone has been convicted of rape, any type of rape, it is because a judge or jury has found them guilty. Juries are the finders of fact. If they return a guilty verdict, it is because they, and not the man's accuser, have determined that a rape took place.
If a man has sex with a woman who is so drunk or impaired that she might not know what she is doing, the man should be prepared to be accused of rape. If there is any question of whether the woman is competent, or impaired, or hasn't given free consent, the man should not have sex with this woman. This is the man's choice, and his responsibility. Because a woman gets drunk, does not mean she is actively inviting, or asking, the man to rape her. It is not a crime for a woman to get drunk, it is a crime to commit rape. If the man becomes so intoxicated that he cannot control his impulses, and he commits rape, he is responsible for his crime, just as he would be responsible for an accident he caused while driving drunk.
Rapists target the vulnerable, whether they are children, disabled women, drug or alcohol impaired women, elderly women, or their own intimidated spouses. Rapists are opportunistic. They seek females they can over power. Rape involves force and domination. Responsibility for rape rests with the rapist.