It's time to move beyond criminal law. The concern here should not be punishment, or guilt, or even "the truth" (whatever that is).

We should be concerned with maximizing positive outcomes for everyone while minimizing serious negative outcomes. The classical criminal trial model is woefully inadequate for that and I think at this point it's time we start thinking about ditching it altogether.

Let's consider the scope of sexual assault. A recent US government study found that 7% of men in college admit to have commited sexually assault or attempted to. 63% of those had committed multiple assaults, averaging 6 victims each. About one-third of college-aged men will admit that they would commit rape if they could get away with it, under certain circumstances.

Could we ever prosecute and convict all of those men under our current model? Could we even afford to put them all in jail?

Some percent of men are serial rapists. They commit rape after rape, while their social circles and victims excuse or rationalize the behaviour. Victims are often ignored. Friends and family (or employers happy with the profit-generation) of the rapist ignore the behaviour because they don't want to see them in prison for years.

I'd much rather a world where this pattern of behaviour is recognized and an intervention is had when it starts and then monitored, even if it means "a slap on the wrist" comparatively, than one where he can rape with impunity until an offence so outrageous that he's finally criminally prosecuted.

I admit I'm not sure what an alternate model will look like, but I think we should perhaps be looking at this almost as a public health issue than as a criminal one.