What Sexual Assault Does To The Brain

What Sexual Assault Does To The Brain – http://huff.to/1wd3vEe

We also need to avoid treating accusations as unfalsifiable though.

How this needs to be treated as a medical issue is different from the treatment of the legal issue.

Once there are huge inaccuracies in central parts of the narrative, not in sequence but in substance, it is artificial to treat some parts of the narrative as unassailable just because they aren’t as easily refutable in the same way.

That isn’t just about truth and falsity. 

There was a famous case of wrongful conviction in a rape case, overturned by DNA, where a lack of police understanding led to a poorly run lineup and the victim pointed out an innocent man. 

She was convinced it was him, but the DNA later showed it was somebody else, that didn’t even look similar.

There is a lot of wrong testimony out there and most of it is not intentionally dishonest, and it happens in all areas of the law.

So an extremely important distinction is there.  If one accepts that a woman was assaulted, that doesn’t mean that the rest of the story should be blindly accepted, and if there are inaccuracies, it doesn’t mean either that the witness is intentionally misleading or that the witness wasn’t assaulted.

This isn’t about a binary competition of who to destroy. 

As in the above wrongful conviction case, a victim witness may be sincere, sane and wrong.

In the event of serious errors they need to be explained and intimidating anybody who questions the reliability of the witness is just wrong. 

Maybe there is an explanation, such as the lifeguard is a real person who has been to the frat but doesn’t belong, the party was either not a formal event or on the next weekend etc.

If so that must be dealt with.  It’s not for everybody else to guess what the answer is, if you want society to make decisions of legal significance and are wrong on material facts, you need to explain it.

If we go down that road we destroy people’s lives.  If they are guilty so be it.  But punishing random people isn’t justice.

It also doesn’t help to point out the generic trauma effects on victims.  If you want the state to destroy somebody, fudging based on what sometimes happened in other cases isn’t good enough.  We don’t know what caused an error until we have the explanation in a testable form- “there could have been an unofficial gathering” for instance has to be followed up. Until then it’s speculation.  Was there a lifeguard by that name at the same time, that needs to be followed up.  

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