tag:blogger.com,1999:blog-2925765946042638459.post5874151586327574214..comments2024-03-18T02:22:56.392-04:00Comments on Disgusted Beyond Belief: Brief Thoughts on The De Anza CaseDBBhttp://www.blogger.com/profile/17805375811782552873noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2925765946042638459.post-57674266622197962802007-06-09T01:28:00.000-04:002007-06-09T01:28:00.000-04:00Thank you for pointing this out. I am disgusted th...Thank you for pointing this out. I am disgusted that it appears that the rapists will go free, but as far as I can see, the DA is doing the job the way it has to be done. It is not the DA's fault that the evidence is not sufficient.<BR/><BR/>I've got some problems with some things in the case. The burden of proof seems to be a little odd here - apparently one of the evidence problems is that the kid was too intoxicated to remember whether she was too intoxicated to consent. It seems to me that laws could be written that make consent a positive defense in some situations - like intoxication or age under 18. (And isn't somebody that young considered unable to give consent for sex anyway?) There are plenty of situations where the burden of proof is on the consent side rather than the non-consent side. Just ask a doctor why he wants you to sign that paper. But that's a problem with the law, not the DA.Mikehttps://www.blogger.com/profile/16276626065227586643noreply@blogger.com