In cases of rape where neither party knows what happened, is innocence until proven guilty a thing?

Question

In many cases of rape it's automatically assumed the rapist is guilty because (tbh) the worst thing someone can do is not believe the victim. But sometimes neither have an answer for what happened (whether they both say the other raped them or one is guilty but didnt know or there was a miscommunication etc). Personally i have been raped. I still think a person is innocent until proven guilty in these cases because well that's how our justice system works.

Accepted Answer

I say innocent until proven guilty. Especially for cases where both parties were drunk, since technically neither party was able to consent.

Answer

It depends on context. In a courtroom it's the prosecutors duty to prove guilt, while the accused starts from a place of assumed innocence. 
In victims services, the raped person is always believed no matter what. 
As a friend, it's really a matter of critical evaluation. Considering that so few people lie about rape, it's usually good policy to believe someone's account, unless there's direct proof to the contrary.

Answer

I think it should always be innocent until proven guilty, but public opinion doesn't always go that way. Although innocent until proven guilty doesn't mean you're assuming a rape victim is lying. It just means to hold judgment until all the evidence has been presented and considered.

Answer

in that case both party couldn't consent. so they raped eachother? that's kind of a rough one to work with. both of them were innocent while still being guilty

Answer

Rape requires a mens rea component which means that you can be innocent of rape even if you have had nonconsensual sex. This is where most misunderstandings arise and where most cases of reported rape fail to gain a conviction. Most people don't understand this and therefore assume that a rape has occurred if the victim says so (because it's quite rare for victims to actually lie).

Answer

wait , how is it rape if NOBODY knows what happened ??? can you explain the question more ?

Answer

I believe victims over perpetrators in most criminal offences. Rape is no exception 🤷‍♀️.

In cases of rape where neither party knows what happened, is innocence until proven guilty a thing?

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