But,
What about all the really difficult cases in between though, like mighty badger set out above? Cases where the woman is so drunk she can't actually remember and actually, maybe the night before she did want to have sex with the guy she woke up with, but now bitterly regrets it and assumes she must have said no?
(Bazongaloid, Wed 18 May 2011, 11:09, 1 reply, 15 years ago)

That is for the court to decide I think

( sporters I’m sincerely gratitude to you, Wed 18 May 2011, 11:10, Reply)

But the point is, in that situation, is the man as culpable as someone who hides in an alleyway
and then grabs his victim and rapes them.

I would argue quite clearly not. They may be in the wrong, but they are unlikely to present a long term danger to society, and as Swipey says, it costs a fortune to keep someone in prison.
(Bazongaloid, Wed 18 May 2011, 11:12, Reply)

if the min sentence was high
it would never even get to court (because a jury in that case would probably just acquit) and do even more damage to the rape reporting and convition rate.
( the mighty badger Aphrodite, on a bar stool, by your side, Wed 18 May 2011, 11:19, Reply)