Rape myths refer to erroneous or partial views about rape behaviors or victim responses,which are prevalent in China's criminal justice practice.These myths often play a"generalization"role in factual inference processes,significantly affecting whether rape cases are prosecuted and convicted.In e-valuating the legitimacy of generalizations,both factual and value judgments are necessary.Factually,rape behaviors and victim responses are diverse in the real world,and the notion that there is a single typ-ical pattern is incorrect.From a value perspective,rape myths stem from traditional patriarchal power structures,reflecting gender inequality.In evidence law,addressing rape myths should not rely on exclu-sionary rules,which might excessively undermine the evidential value.Instead,inference limitation rules and generalization interpretation rules should be used to carefully define the scope of prohibited infer-ences,ensuring that the probative value of evidence is not unduly compromised.
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