Contumacious
Radical Freedom
Over the last 40 years, rape laws have undergone a fundamental transformation. But in other ways the reforms have gone too far, upending traditional tenets of criminal procedure and removing due process protections for the accused.
The overall effect has been to shift the burden of proof to the defendant, likely resulting in more wrongful convictions. In Washington state, for example, juries receive the following instruction: The burden is on the defendant to prove by a preponderance of the evidence that the sexual intercourse was consensual."
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