…compared to the Norwegian rape law.
Both Marte Davelv and the man accused of rape were sentenced to jail for sex outside of marriage, and consuming alcohol. Now, both were pardoned and let free.
I’m not for jailing people for sex or alcohol, but I’m less sure about how I feel about Dubai’s rape law. If I remember right, they accept a confession from the rapist, or 4 male witnesses as proof. Sounds barbaric?
Well, the more I think about it, the more reasonable it seems compared to what we have here in Norway. I will analyse and compare.
1) Proof requirements
First of all, we absolutely need proof of rape, for there to be a conviction. That immediately makes negligent “rape” and drunk regret “rape” irrelevant to prosecuting. If you didn’t even know you were raping, there isn’t likely any evidence of the act being externally any different from a consensual sex act. And if the people were very drunk, then by the nature of the blackout no one knows for sure what truly happened.
As for real rape, that too needs to be proven. But how to prove it? At one point they were testing for vaginal tearing. That sort of damage was proved happen during regular sex, making it only useful for establishing that intercourse has occurred (http://www.dailymail.co.uk/news/article-2123246/Voluntary-sex-lead-injuries-rape-new-study-shows.html )
Physical injuries can be faked: (http://www.nydailynews.com/news/crime/california-prison-psychiatrist-accused-faking-rape-article-1.989640 )
Other possible evidence could be that he denies even having sex with her, but there is DNA (eh, semen) evidence.
And there could be witnesses. This is where the law agrees. The only problem I have with this is that a man with 4 male enemies can be put in jail, if they conspire against him and hire some woman to be his rape accuser. While their law could involve more reasonable things as proof, it’s a lot less insane than the Norwegian law, which doesn’t need any proof in practice. In word against word cases, they evaluate how credible the accuser seems, and convict from that. In Dubai, at least you need a lot more people than the accuser to make that happen.
2) Effect on society
Norwegian law does all it can to encourage false accusers to come forward. It also does its best to give women a false sense of security (https://emmatheemo.wordpress.com/2013/07/21/does-norwegian-feminism-give-women-a-false-sense-of-security-case-of-marte-dalelv/ ) and a belief that if something happens to your drunk-in-public self, it’s not even slightly your fault. The Dubai law discourages both false accusations and careless behavior.
Norwegian law gives you maybe 4 years in jail for both real rape and fake rape. In Dubai, you can even potentially be put to death for rape, but then it is likely for real rape, unless you had 4 men and 1 woman conspire against you. High proof requirements, high punishment, I kinda like it.
4) Gender equality
Last but not least, the Dubai laws will put both in jail in case of a stereotypical alcohol-induced “rape”. In Norway, they like to jail the man.
So, in a way, Norway is quite a lot more barbaric than Dubai is, and I have to laugh each time some Norwegian white knight says Dubai lives in the middle ages.