1 & 2 are not sufficient to prove beyond a reasonable doubt. Circumstantial evidence can be used to prove a crime beyond reasonable doubt, but only if there is enough of it to paint a good enough picture. In other words, if there was a bunch of other circumstantial evidence that suggested he was being dishonest, or had a history of taking advantage of drunk women, then maybe you can start looking a guilty verdict.
So do you have a much better idea that is fair? Or do you prefer a kangaroo court system, where it has already been decided that the defendant is guilty even if they are not..
https://en.wikipedia.org/wiki/Kangaroo_court
Sure, if you have no evidence whatsoever then it shouldn't really count as a crime should it? If i just accuse a random colleague that she raped me her skipping work because she was lazy doesn't mean the rape happens. This is already an issue with the current way things are where just because of allegations your life can get ruined, no need to push that further so that you can be found guilty because of unrelated things.
Law enforcers need to be held to higher standards and be dealt harsher punishments. They betray their office and everyone else when they commit crimes.
Why not have a kangaroo court system then there is no need for all that pesky laws and lawyers and juries to get in the way.. https://en.wikipedia.org/wiki/Kangaroo_court
That is not part of the information we have been given in the OP (which is the information I am going on).
Is there anything that can prove beyond reasonable doubt that he knew, or should have known, that she was blackout drunk?
LOL. Normally I am the one being accused of being an SJW because I am normally arguing against the rape apologists and MRA crowd. As I have already said in my preface to what you quoted, I do support the notion that knowingly taking advantage of an intoxicated person is rape, so maybe read the context next time instead of just cherry picking.
Sorry to be so blunt about it, but what makes rape rape is not how the victim feels about it the next day. It's a wilful act by the perpetrator to have sex with someone whose consent is in doubt.
And as a result he deserves to lose his job and to given some sort of "dishonourable discharge". It doesn't mean he should be found guilty of a crime.
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Only if he was aware of her condition.
I can agree with this. It would certainly provide some circumstantial evidence in support of/contradicting his story that he didn't know she was intoxicated.
It is misconduct towards his job.
I disagree with the "betrayal" part though. Are you trying to say that cops should not be allowed to have sex? Remember, his guilt is contingent on his being derelict in his duty to ascertain consent. If he genuinely didn't realise she was drunk (which is very different from had one or two drinks) then it is quite understandable that he believed her consent was real and valid.
Kids, they just do not get it:
1. Policeman;
2. In function, during his shift;
3. Married;
4. Drunk young & attractive woman;
5. She may, or may not, have made sexual advance;
6. She may, or may not, agreed to a sexual relation;
7. No well define set of law and this situation has to end up under the "rape" umbrella;
What a decent human being should do in this situation:
. Reject the advance and get out of the situation.
But I'm sure you're the type of asshole that would have sex with her, that's why you're so triggered by that post.
Actually we can. Because she can provide evidence to support her assertion (eg drinks receipts, witness accounts from the establishment where she drank the alcohol). That being said, her simply being drunk is not sufficient to prove rape. He would have to be aware of her status.
Fact is that drunk people can act fairly coherently at times and fake being sober, at least enough to fool a person who doesn't know them well. The job of the prosecution would have been to build a case proving that it would be very unlikely for the cop to have not figured out she was drunk.