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i think the challenge there is to produce widespread guidance and training so that those individual decisions can be made wisely.
in that case in oregon i mentioned...the judge took a little information, and then overbroadly applied it. A lack of true education on sexual assault, and how survivors handle the fallout creates a potential (and in this case actual) mishandling of a case, with serious repercussions. i'm all for judicial discretion, so long as it's under review by higher courts. but the baseline needs to be an informed judiciary to make choices, and knowledgable officers of the court to argue wisely as well.
Most folks have some pretty serious misconceptions about rape unless they have training or experience to show them otherwise. Because of the social silence around these issues, it's unlikey that a person will just pickup truthful and complete information about sexual assualt.
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For God so loved creation, that God sent God's only Son that whosoever believed should not perish, but have everlasting life.
-John 3:16
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