That's true, but that's also only part of the equation, as I stated above. People CAN be mistaken as to consent, despite beliefs otherwise. It can happen, it does happen. It's not a case of "lying" because the victim isn't. It's more about being mistaken. But it's also worth pointing out that "stranger" assaults are…

So the solution is to pass a law that could have serious repercussions for the rights of the accused? I thought two wrongs don't make a right, but you favor suspending that when it comes to sexual assault?

Except part of allyship is NOT MAKING IT ABOUT YOU. It's about being a supportive presence to the people actually being impacted. Stein is a self-promoter. Look at what she wrote - "I approve?" Please.

I think that isn't the concern. The concern is that such a case would become actionable under this law. Changes in memory are more likely to happen as time goes on - so by extending the timeframe for these actions, the more likely it would be that one would become a possibility. Even if such a case is unlikely, the…

Because I was responding to Court, who phrased it as part of the judicial system. Which I kind of stated up front.

Because a large number of burial grounds were lost. White settlers would destroy the traditional grave markers. The tribes were often prevented from using it and oftentimes, settlement structures were erected on them, and over generations, the sites became lost. It's not an unusual situation, by any means. The…

The George case involved witnesses talking amongst each other, but as I pointed out, that is not necessary for the memory change to happen - it can happen if a victim or witness talks to family and friends as well. That case was just probably the most famous example. And while I take your point about "well, it…

See, I’ve always thought of Schlafly as worse than Coulter, for a single reason. I’ve always kind of doubted as to whether Coulter genuinely believes some of the stuff she says, or whether she’s simply pulling off a masterful troll job. Schlafly BELIEVED every word she said. She was for real. Coulter, at least in her…

This is technically not a tribal jurisdiction issue, I don’t think. The land at issue is not part of the reservation - it lies about half a mile to the north of the boundary. I presume that is because the site was probably “lost” at the time the reservation’s boundaries were drawn up, and rediscovered later. The other…

It’s also a blatant lie. Part of the Native Americans’ beef with the company is that they’ve prevented a thorough survey of the site to determine what is there and where it is. So they have no clue what damage might have been caused because they have NO CLUE WHERE ANYTHING IS.

Well thank God there's a white person on scene. That means it's actually serious.

You miss my point. The point wasn’t whether the children’s memories were real, imagined or falsified. The point was that the national mood, which exhorted everybody to believe them, prevented any critical examination of their statements. If a critical examination had been encouraged, the cases would never have seen…

Except did you miss the part where I expressly said the system now is failing to deal with the backlog? Because, uh, I did. I support an equitable tolling scheme that would allow cases where victims DID report to reach courts. But I favor that precisely because the victims DID comply with the SOL, and the fault lies…

But this article isn't about our culture in general. It's about the judicial system, which is what I was commenting on, and in response to Court's initial positing.

You're putting a lot of strawmen out there. First, "believe the victim" means what it means. Now you're talking about "suspending judgment" - but that's not the same thing. Suspending judgment means taking neither side and simply investigating fully and critically, to me. Which is what should be getting done. I've…

It is absolutely possible for a victim to be mistaken as to the presence of consent, particularly if he or she was impaired. The hypothetical is one in which two people, generally both impaired, have consensual contact. One of them later recounts the episode to other people who were not there, one or more suggests the…

Oh, I agree that the primary issue for a lot of victims is that their cases never even reach prosecutors. I’m not sure belief is always necessary to do a decent investigation - police should be able to look at cases critically as well - but I agree with the basics.

But what makes a "solid" case? Generally, in sexual assault cases, that means DNA evidence - like in the rape backlog situation. And multiple people have proposed allowing equitable tolling for those cases - because the lag time is not any fault of the victim, but due to the foot dragging of the state. SOLs are…

I do think cases involving children deserve unique treatment, because asking a child to come forward immediately is ridiculous. Starting the SOL when they reach adulthood, to me, is equitable and acknowledges the unique situations of child victims. So I do support special rules that make it easier for them to report…

I agree with you - those cases are unique in that there IS physical evidence, it's just not getting tested. That's why I wonder if there could be some third way - allow equitable tolling for cases where DNA evidence is available, but not yet tested - similar to the equitable tolling scheme that exists in civil cases.…