£80000 for civil rape conviction

£80000 for civil rape conviction

Author
Discussion

otolith

56,206 posts

205 months

Monday 8th October 2018
quotequote all
Driver101 said:
Behave in a decent manner and you should be ok.
You should be. You might not be, but while the consequences of a false accusation are devastating, the risks are pretty small compared with, say, life changing injuries from a car crash or being stabbed by a mugger.

xjay1337

15,966 posts

119 months

Monday 8th October 2018
quotequote all
TwigtheWonderkid said:
Good for you. You do realise that not everybody shares your lack of sensitivities, and some people would be mortified to have their sex lives filmed. That's yours and their choice. You can't impose your feelings on other people.

I too think a false rape claim is worse, and should carry a longer custodial sentence. But both should mean jail time.
I'm not going on about my opinion or your opinion.

I was struggling to understand your view point on the matter.

:-)

TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
xjay1337 said:
TwigtheWonderkid said:
Good for you. You do realise that not everybody shares your lack of sensitivities, and some people would be mortified to have their sex lives filmed. That's yours and their choice. You can't impose your feelings on other people.

I too think a false rape claim is worse, and should carry a longer custodial sentence. But both should mean jail time.
I'm not going on about my opinion or your opinion.

I was struggling to understand your view point on the matter.

:-)
If you're struggling to understand that someone who videos a sex act without consent of those being filmed is a , then that says more about you than me.

xjay1337

15,966 posts

119 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
If you're struggling to understand that someone who videos a sex act without consent of those being filmed is a , then that says more about you than me.
Straw man !!!!!!!!!!!

That is not at all what I am getting at, so I will stop the discussion with you there.


TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
xjay1337 said:
TwigtheWonderkid said:
If you're struggling to understand that someone who videos a sex act without consent of those being filmed is a , then that says more about you than me.
Straw man !!!!!!!!!!!

That is not at all what I am getting at, so I will stop the discussion with you there.
rofl

Hardly straw man. It was literally the only point I was making!

singlecoil

33,691 posts

247 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
xjay1337 said:
TwigtheWonderkid said:
If you're struggling to understand that someone who videos a sex act without consent of those being filmed is a , then that says more about you than me.
Straw man !!!!!!!!!!!

That is not at all what I am getting at, so I will stop the discussion with you there.
rofl

Hardly straw man. It was literally the only point I was making!
If I may interject here, I believe xjay's concern was that you seemed less bothered about the false rape allegation than you were about the secret filming.

XCP

16,938 posts

229 months

Tuesday 9th October 2018
quotequote all
ninjag said:
I don't like the whole "Not Proven" thing because it introduces speculation and bias. As far as I'm concerned the law is about evidence and the burden of proof; not about a Sheriff/Judge's personal opinion on someone's guilt. What if the Judge (male/female) is racist, sectarian bigot (more common in Scotland), a misandrist or a misogynist? If there's a little bit of unreliable and questionable evidence available to abuse then it allows them to exercise their prejudices on potentially innocent people.

I "think" you are guilty but I can't proof it but hey, I can still slap a big label on you so everyone knows how I feel. Don't worry, it won't screw up your life because the public are so understanding and will never jump to conclusions. And to think that Scotland, well Sturgeon, keeps banging on about being such a progressive country.
Whilst no expert on Scottish law, I think it is a decision for the jury to make rather than the judge.

TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
singlecoil said:
If I may interject here, I believe xjay's concern was that you seemed less bothered about the false rape allegation than you were about the secret filming.
I got the opposite impression, that xjay was trying to excuse the behaviour because it got him off a false rape charge.

Mill Wheel

6,149 posts

197 months

Tuesday 9th October 2018
quotequote all
singlecoil said:
Some actors are more believable than others.
...and some audiences are more gullible than others!
There are even people out there that believe the earth is in fact flat, and the moon landings were faked!
rolleyes

We expect a lot of judges and magistrates, but there are clearly some duffers amongst them from some accounts - so it's a lottery on which circumstances defendants find themselves in... guilty or not.

Mill Wheel

6,149 posts

197 months

Tuesday 9th October 2018
quotequote all
Countdown said:
It was meant to demonstrate that it's not easy for women to come out and accuse people of raping them because of the ridicule and scrutiny they become liable to i.e. it's a pretty big decision. And it's definitely not the case that an accusation results in the accused automatically being assumed guilty.
For a certain type of woman, it is all too easy to come out and accuse somebody of rape - almost second nature!
I have been asked "Why would they put themselves through the trauma of an investigation if it wasn't true?" but the fact is that for some the attention and in others the money is too much to pass up!

As for an accusation, true or false, there is always somebody who will make an immediate assumption that there is no smoke without fire... just as there are people who believe the earth is flat!

Mill Wheel

6,149 posts

197 months

Tuesday 9th October 2018
quotequote all
Jagmanv12 said:
La Liga said:
xjay1337 said:
So hang on, bloke can be named and thus ruined but the woman is not named for legal reasons?
Nothing to do with gender.

The victim of a sexual offence is automatically granted anonymity.
The accused should also be automatically granted anonymity. Once proved and found guilty the names of both parties can be released.
I have been falsely accused of an historical rape, so you might think that I believe the accused be kept anonymous, but the fact is I felt my best defence was that nobody could offer any corroborating evidence, or indicate any previous bad character, and to do this, I was happy make details public. In the end it wasn't publicised because I was never arrested, nor charged with the offence.
Also, in a few cases - Stewart Hall for instance, publicity brought forward other credible victims that built up a picture of repeat offending... the opposite of what I felt was a help in my defence.

In the end my accuser had embroidered her tale with so many details, that she probably never expected could be rebutted, and also failed to give information that would have led the police investigators to me and witnesses she named, e.g. she was Facebook friends with a witnesses sister but failed to divulge this, that the CPS opted for no case to answer.

However, I will forever think of myself as being under a cloud, even though I'm 100% certain my accuser did it for a financial payment from CICA, who also require a very low burden of proof - simply having made the allegation was enough to earn her a £5000+ pay out, even though the case never made it to court!
Despite her hindering the investigation, the police were reluctant to pursue my accuser for wasting their time, despite me being able to convince my MP with the evidence that I had collected.

xjay1337

15,966 posts

119 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
singlecoil said:
If I may interject here, I believe xjay's concern was that you seemed less bothered about the false rape allegation than you were about the secret filming.
I got the opposite impression, that xjay was trying to excuse the behaviour because it got him off a false rape charge.
Singlecoil is correct. Thought that seemed pretty obvious.

768

13,706 posts

97 months

Tuesday 9th October 2018
quotequote all
xjay1337 said:
TwigtheWonderkid said:
singlecoil said:
If I may interject here, I believe xjay's concern was that you seemed less bothered about the false rape allegation than you were about the secret filming.
I got the opposite impression, that xjay was trying to excuse the behaviour because it got him off a false rape charge.
Singlecoil is correct. Thought that seemed pretty obvious.
It was.

Mill Wheel

6,149 posts

197 months

Tuesday 9th October 2018
quotequote all
La Liga said:
Perhaps the accused should remain anonymous (until they’re found guilty), but I don’t agree the victim’s name should ever be released.
Perhaps when women have made repeated false allegations, this would be more obvious if they were named somewhere - on a police database perhaps, rather than publicly.
At the moment this seems left to chance.

TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
As blokes, what do we worry about more? Being falsely accused of rape, or having one of the women in your life, wife, sister, daughter, raped?

I know which concerns me. I never give a moments to false rape, and neither do my 2 sons in their 20s. I do worry about my wife being out and about, I don't have daughters or sisters.

Since rape in marriage became illegal, how many unreported genuine rapes do you think there are. I'd say hundreds every day, probably thousands. Women who don't even think they've been raped, because that's just the way their life is.

I also wonder, for every false rape report, how many genuine rapes never get the green light to proceed from the CPS. Lots I would think.

Finally, how many false rape allegations are their compare the men being raped by other men. Do any of those of you who worry about false rape also worry about being raped?

I'm sure it's very distressing for any man who finds himself in the situation of being falsely accused, but I really don't think it's the big problem it's painted out to be on PH.

singlecoil

33,691 posts

247 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
...but I really don't think it's the big problem it's painted out to be on PH.
It's only a big problem to the person it happens to. The situation is analogous to driving a car, chances of a serious accident are very, very small. And yet we all have insurance and most have airbags etc.

768

13,706 posts

97 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
I'm sure it's very distressing for any man who finds himself in the situation of being falsely accused, but I really don't think it's the big problem it's painted out to be on PH.
The issue was one of perspective between filming without consent and a false accusation of rape, not this straw man of whether rape is more frequent than false accusations.

TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
singlecoil said:
TwigtheWonderkid said:
...but I really don't think it's the big problem it's painted out to be on PH.
It's only a big problem to the person it happens to. The situation is analogous to driving a car, chances of a serious accident are very, very small. And yet we all have insurance and most have airbags etc.
There are about 25K KSI accidents in the UK every year. Are there 25K false rape claims? About 70 a day? I think there's a real chance I or my sons could be involved in a KSI accident. I worry when they're out in the car. I never give a moments thought about me or them being accused of rape. It just doesn't cross my mind.

So no, it's not really analogous to driving a car. Not in my world anyway.

TwigtheWonderkid

43,406 posts

151 months

Tuesday 9th October 2018
quotequote all
768 said:
TwigtheWonderkid said:
I'm sure it's very distressing for any man who finds himself in the situation of being falsely accused, but I really don't think it's the big problem it's painted out to be on PH.
The issue was one of perspective between filming without consent and a false accusation of rape, not this straw man of whether rape is more frequent than false accusations.
The issue was never that. Despite what some people have chosen to imagine. The issue was that only a nasty piece of work would do either. I'm not sure how that ever was up for debate?

singlecoil

33,691 posts

247 months

Tuesday 9th October 2018
quotequote all
TwigtheWonderkid said:
singlecoil said:
TwigtheWonderkid said:
...but I really don't think it's the big problem it's painted out to be on PH.
It's only a big problem to the person it happens to. The situation is analogous to driving a car, chances of a serious accident are very, very small. And yet we all have insurance and most have airbags etc.
There are about 25K KSI accidents in the UK every year. Are there 25K false rape claims? About 70 a day? I think there's a real chance I or my sons could be involved in a KSI accident. I worry when they're out in the car. I never give a moments thought about me or them being accused of rape. It just doesn't cross my mind.

So no, it's not really analogous to driving a car. Not in my world anyway.
I will make my point even more obvious- it's not about which activity is the most risky, it's about the severity of the risk. In a bad accident you might lose a limb or your mobility, maybe even your life. Being falsely accused of rape will certainly lead to loss of reputation and may well lead to loss of family, job and liberty