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by DanBC 3650 days ago
> Drug use damages the credibility of any party.

I agree that victims are often doubted because of drug use. (I think that's an error by police; instead of doubting the victim they should be treating the victim as a vulnerable person who was more likely to be abused)

But can you show me any examples where a rapist who claimed he had consent was doubted because he had been using drugs?

It feels as if the doubt only goes one way.

2 comments

It's not an error by police to ask about drug use, because it's the police's job to control fact discovery while setting up a case for the prosecution. The prosecution cares about drug use because they're trying to evaluate the strength of defense narratives.

Imagine a situation where the government doesn't ask first, and instead defense asks first on their terms. That's incompetent.

Isn't that mostly because of the legal process? When a guy is accused of rape, he's the one on trial. Mentioning his drug use might be excluded as prejudicial, even though the jury might find it relevant.