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a principle that remains the basis of the adversarial criminal justice system in England and Wales today:

All presumptive evidence of felony should be admitted cautiously: for the law holds, it is better that ten guilty persons escape than that one innocent suffer.

Most people would surely agree they don’t want a system that accepts miscarriages of justice as a consequence of fighting crime. But there are other consequences of this principle that are problematic, particularly in cases of rape.

Good article, but he only touches on a fundamental problem with trying rape cases in an adversarial legal system like UK, USA, and others ("Anglo-American"). It's the presumption of innocence, which in a rape case translates into the presumption of consent. The presumption that all women exist in a state of consent, all the time.

The great Twisty Faster proposed a thought experiment: a legal system which presumes that all women exist in a state of non-consent, all the time. Consequently, sexual intercourse is rape unless proved otherwise. Before you get all "that's not fair!" on it, imagine how it would change sex between men and women.

I don't want to argue that the presumption of innocence should be eliminated, I don't believe that. But it's a very illuminating idea.

I mean, that’s how men exist, a state of non consent. Ain’t no one out here debating about whether him being blackout drunk or wearing an open shirt/booty shorts means that maybe it’s his fault he got something shoved up his asshole. I can’t imagine a scenario where a guy was passed out at a party and everyone thinks it’s ok to pull his pants down and diddle him. It would enrage everyone or at the very least, make everyone highly uncomfortable. But a woman would get questioned what she was wearing or having people tell her, well you passed out, what did you expect?? Well you’d been leading him on all night, what did you expect?? Women shouldn’t drink so much! Only a sloot would drink so much and pass out with men around!

What a great way to break through the socialization and propaganda brain fog. Often one to one substitutions of male for female don’t quite track, but this one works a treat. People would even intervene in the situation you describe. Nobody would be asking if he deserved it because his jeans were too tight.