January 9, 2026
Two Contexts of Rape
If a woman is with her husband, with her family, and so on, and a gang of thugs suddenly attacks and rapes her, there is no doubt. But if a woman is alone as a couple, secluded with a man, it would be impossible to prove whether consent was given or not. In practice, however, by assessing the circumstances, the judge decides whether to believe the woman or the man. But on what basis? On mere personal impressions? Because evidence is impossible. Since in dubio pro reo, there should be no convictions for rape—yet convictions do occur.
The problem, then, is that a woman can blackmail a man by claiming that he raped her, leading to a trial with a completely uncertain outcome.