Another prove your innocence case
Discussion
There are legitimate concerns it’ll put people (not just women) off coming forward (who’d want someone going through their phone?), but beyond that the comments from groups / charities are over the top.
I don’t see what other choice there is in the digital age. We’ve seen the effect of not doing so with certain cases.
A lot of the time it won’t be necessary as examining the suspect’s phone will reveal communications from the complainant. The issue is when the suspect may claim there’s evidence that he / she deleted from something like Facebook messenger where it’s really hard and slow to get FB to release any information.
I don’t see what other choice there is in the digital age. We’ve seen the effect of not doing so with certain cases.
A lot of the time it won’t be necessary as examining the suspect’s phone will reveal communications from the complainant. The issue is when the suspect may claim there’s evidence that he / she deleted from something like Facebook messenger where it’s really hard and slow to get FB to release any information.
La Liga said:
There are legitimate concerns it’ll put people (not just women) off coming forward (who’d want someone going through their phone?), but beyond that the comments from groups / charities are over the top.
I don’t see what other choice there is in the digital age. We’ve seen the effect of not doing so with certain cases.
A lot of the time it won’t be necessary as examining the suspect’s phone will reveal communications from the complainant. The issue is when the suspect may claim there’s evidence that he / she deleted from something like Facebook messenger where it’s really hard and slow to get FB to release any information.
Agreed. I wouldn't willingly give my phone to anyone for inspection, but what other choice is there?I don’t see what other choice there is in the digital age. We’ve seen the effect of not doing so with certain cases.
A lot of the time it won’t be necessary as examining the suspect’s phone will reveal communications from the complainant. The issue is when the suspect may claim there’s evidence that he / she deleted from something like Facebook messenger where it’s really hard and slow to get FB to release any information.
Gameface said:
If you've been raped, having someone looking at your phone is the least of your worries, especially if it helps secure a conviction against the perpetrator... IMO.
That’s one way of looking at itAnother way is that in the aftermath of a rape/sexual assault it then piles on indignity after indignity on the victim. There are already very invasive tests that are done on their bodies at hospitals, now they have to open to their private conversations, photos etc?
And what is ruled admissible in court? Are we going to have defence teams combing through victims phones to find evidence of ‘unvirtuous’ behaviour like nude photos etc-like some do when parading victims underwear around at the moment?
cookie118 said:
That’s one way of looking at it
Another way is that in the aftermath of a rape/sexual assault it then piles on indignity after indignity on the victim. There are already very invasive tests that are done on their bodies at hospitals, now they have to open to their private conversations, photos etc?
Rape/personal hospital tests compared to checking a phone.Another way is that in the aftermath of a rape/sexual assault it then piles on indignity after indignity on the victim. There are already very invasive tests that are done on their bodies at hospitals, now they have to open to their private conversations, photos etc?
I'm sorry but I see no comparison. They are worlds apart.
Henners said:
Jeeeze is that common place here now?! I’d heard of it in the US but not here.
Ah-the story I was thinking of was in Ireland, but too often it seems like the ‘promiscuity’ or ‘virtue’ of the victim still seems to be seen as a legitimate defence.http://www.bbc.co.uk/news/world-europe-46207304
Its not just rape investigations that could be affected - the new consent forms are being rolled out for use in any criminal investigation where access to phone and social media data could form a reasonable line of enquiry - I presume whether or not there is a reasonable line of enquiry may not be known until data has actually been accessed. So, it wont just be rape investigations affected, its potentially assaults, theft, fraud and many other offences where victims and suspects may have had some previous contact.
Gameface said:
Rape/personal hospital tests compared to checking a phone.
I'm sorry but I see no comparison. They are worlds apart.
Their not the same, I never said they were. But it’s yet another invasion on the victim. Another potential indignity. These already get heaped on victims and now we are adding another to the pile?I'm sorry but I see no comparison. They are worlds apart.
cookie118 said:
Their not the same, I never said they were. But it’s yet another invasion on the victim. Another potential indignity. These already get heaped on victims and now we are adding another to the pile?
That's nature of testing the evidence, both ways; otherwise we just take people at their word, probably not a good thing...It is invasive, and yet another indignity for the victim of a rape to endure in the investigation. The content will probably be disclosed to the defence and shared with the offender.
The media have been at their best at over-hyping this. In the vast majority of case it will not be relevant. The CPS, for it is they who make such decisions in the main, have had losses in court with defences using such matters to secure an element of doubt. The CPS have to react to the situation.
The media have been at their best at over-hyping this. In the vast majority of case it will not be relevant. The CPS, for it is they who make such decisions in the main, have had losses in court with defences using such matters to secure an element of doubt. The CPS have to react to the situation.
Derek Smith said:
It is invasive, and yet another indignity for the victim of a rape to endure in the investigation. The content will probably be disclosed to the defence and shared with the offender.
The media have been at their best at over-hyping this. In the vast majority of case it will not be relevant. The CPS, for it is they who make such decisions in the main, have had losses in court with defences using such matters to secure an element of doubt. The CPS have to react to the situation.
'element of doubt' would be something of an understatement in some recent rape cases.The media have been at their best at over-hyping this. In the vast majority of case it will not be relevant. The CPS, for it is they who make such decisions in the main, have had losses in court with defences using such matters to secure an element of doubt. The CPS have to react to the situation.
Virtually everything on anybody's phone has already been shared with somebody, every text message sent has a recipient, every 'private' conversation is made between two or more people, there is very little actually 'private' on our phones.
Surely it has to be better for any victim to disclose their phone data to the police in a controlled and compassionate environment, rather that worrying about what may be presented coldly from a defence team later in an investigation.
Surely it has to be better for any victim to disclose their phone data to the police in a controlled and compassionate environment, rather that worrying about what may be presented coldly from a defence team later in an investigation.
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