Why victim blaming is common in rape cases

That's an interesting idea I've never considered.

Another thing I'd like to add to my initial post is that rape is also one of a handful of crimes that one can be accused of when no crime, or even the action, has been committed. People are often accused, and sometimes prosecuted, for crimes someone else committed, but most of those cases involve a crime that is not in question. Arson, murder, assault, etc. are usually accompanied by clear indicators that the crime certainly occurred. In the case of rape, a false accusation can be leveled even if there was no sex, and as long as enough time has passed there is generally no way to prove the negative.

Back to your point, I agree with the general concept, but I can't image a political environment in which it could be enacted, and if it was it seems like it could have the unintended consequence of providing more abuse, rather than less. If women realized that a certain type of accusation might offer less life altering penalties they may be more inclined to lord an accusation in a threatening manner.

I want to make clear that I'm not trying to diminish the reality of rape or its consequences. I'm simply addressing an aspect of its cultural ramifications.

The law already does recognize degrees of rape. If you rape a child for example you get a harsher sentence.
All rapes are violent. Having your body penetrated by another person against your will is painful and potentially traumatising. There are no mild rapes.

The vast majority of rapists plan their crimes in advance and know that they are making the person do what they want. Sometimes that involves getting the person drunk.


It's a myth many believe that people are frequently jailed just for sex with a drunk person. You can only be jailed if the person is incapacitated by alcohol. I've never heard of a case where someone was jailed when an adult who could walk, speak in sentences and knew what they were doing had sex with them and nobody has ever been able to provide an example of one to me either.

It's a myth that you can be jailed for rape for pulling out after a couple of seconds. Name me one case where that has happened. (If you say Maouloud Baby that was a case where 2 boys held a girl against her will and Maouloud Baby watched the other boy rape her. The media just chose to twist it to make it seem like Maouloud Baby was convicted for not pulling out right away).

As for Mike Tyson do you know that he tried to flee the state after immediately leaving his victim even though it was 3am and he was booked into the hotel for the weekend? That he's been accused of sexual assault other 8 times (by Arlene Mooreman, Pam Pinnock, LaDonna August, Virginia Foster, 2 women from Clerk County who were never named in the press and his ex)? That multiple witnesses said the victim was traumatized that night? That Tyson has described himself as a man who likes hurting women sexually, has taken advantage of women, would like to rape his victims mother and even basically described himself as a rapist? That 2 forensic experts who examined Desiree Washington testified that they believed she was raped based on her injuries? That he has a long history of molestation (including molesting Teddy Atlas' 12 year old sister in law)and violence towards women, including attacking women who turned him down for sex? So it's hardly a scandal that he went to jail.

[deleted]