> To use an equally contrived example of my own — there's plenty of jurisdictions where arguing something along the lines of "look at how she was dressed, she was asking for it" will get you off the hook on rape charges.
Rape is an unusually problematic situation because consensual sex and unconsensual sex produce a lot of the same physical evidence, and it's possible for someone to consent but after the fact have regrets or experience social pressure.
That leaves you having to evaluate evidence of whether or not there was consent. If you're a falsely accused defendant trying to rebut a claim that she didn't consent, what evidence of that do you propose to use?
Also notice that look at how she was dressed is a particularly ineffective "get out of jail free card" when the accuser was a nun dressed in her habit.
The implications of that, i.e. that you're more credible if you dress conservatively and don't attend frat parties, are very politically inconvenient.
But a black man has a constitutional right to carry a handgun, which also makes it more likely that he'll be shot by the police who will use it as a defense. It would be better if these trade offs didn't exist, but how do you propose to make them not?