£80000 for civil rape conviction

£80000 for civil rape conviction

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Discussion

PorkInsider

5,885 posts

141 months

Saturday 6th October 2018
quotequote all
TwigtheWonderkid said:
Derek Smith said:
What's the problem? She made a claim for damages and won. Isn't that what the civil courts are for?

Why do you hope he wins, especially when he wasn't cleared of rape as you suggest.? The criminal court found the case 'not proved'.

Good on her. She's got nothing out of this evidently, other than a sense of justice.
+1
+2

Bill

52,689 posts

255 months

Saturday 6th October 2018
quotequote all
MB140 said:
She took him home, she followed him out the club he was ejected from. He wasn’t found guilty in a criminal court.
Re-read it. He followed her home and forced his way in while she stalled for time, then raped her.

Jasandjules

69,867 posts

229 months

Saturday 6th October 2018
quotequote all
vonhosen said:
Whether you are in fact guilty or not has nothing to do with a trial.
All the trial determines is if you are proven guilty in the eyes of law, not guilty in fact.
Actually the court makes findings of fact.

Perhaps you mean "In reality"

768

13,657 posts

96 months

Saturday 6th October 2018
quotequote all
Innocent until not proven guilty and charged in a civil case.

MB140

Original Poster:

4,055 posts

103 months

Saturday 6th October 2018
quotequote all
Bill said:
MB140 said:
She took him home, she followed him out the club he was ejected from. He wasn’t found guilty in a criminal court.
Re-read it. He followed her home and forced his way in while she stalled for time, then raped her.
Doesn’t say followed at all. Following someone is creepy. It says she can’t remember getting home. Turned round and saw him there.

If she can’t remember getting home who’s to say they didn’t get in a taxi and he accompanied her home together. Like many a pissed man/woman will do on a night out.

He may well have followed her but again where’s the evidence. She can’t remember.


Look I will say this, if he did rape her then he deserves a lot more than just a fine but yet again we are hearing about two people intoxicated to the point of memory loss and the woman accusing the man of rape. What’s to say she didn’t rape him then.

It just stinks to me that this woman seems to be ruining his life on what at best can be described as very very shaky evidence. The word of someone so pissed they can’t remember stuff. This is life changing for him.

Dr Jekyll

23,820 posts

261 months

Saturday 6th October 2018
quotequote all
Derek Smith said:
What's the problem? She made a claim for damages and won. Isn't that what the civil courts are for?

Why do you hope he wins, especially when he wasn't cleared of rape as you suggest.? The criminal court found the case 'not proved'.

Good on her. She's got nothing out of this evidently, other than a sense of justice.
So being acquitted isn't cleared? Nobody prosecuted can ever be 'cleared' by that argument.

Bill

52,689 posts

255 months

Saturday 6th October 2018
quotequote all
MB140 said:
It just stinks to me that this woman seems to be ruining his life on what at best can be described as very very shaky evidence. The word of someone so pissed they can’t remember stuff. This is life changing for him.
It's life changing for her too... It is his word against hers. It wasn't proven beyond reasonable doubt, but the civil court felt she was more believable than him.

singlecoil

33,532 posts

246 months

Saturday 6th October 2018
quotequote all
Some actors are more believable than others.

MB140

Original Poster:

4,055 posts

103 months

Saturday 6th October 2018
quotequote all
Bill said:
MB140 said:
It just stinks to me that this woman seems to be ruining his life on what at best can be described as very very shaky evidence. The word of someone so pissed they can’t remember stuff. This is life changing for him.
It's life changing for her too... It is his word against hers. It wasn't proven beyond reasonable doubt, but the civil court felt she was more believable than him.
Yes I agree if it happened as she described its life changing for her too.

My other main concern is the vindictive people about to come out with false accusations and if there more believeable a quick £xxxxxx payout in civil court.

Seems dodgy to me getting paid by a civil court for something already found not guilty in a criminal court.

Fair does if he is convicted in a criminal court and then the victim wants financial compensation from the civil court. No problems with that. But to lose in a criminal court then have a second bite at civil court seems wrong.


I was burgled a quite a few years ago, scrote that did it was found not guilty (he did it known local thief selling stolen goods from my house caught red handed in effect). Does that mean I can now sue him for compensation in the local civil court. If that’s the case the civil courts would be full of people suing people with no evidence.

PorkInsider

5,885 posts

141 months

Saturday 6th October 2018
quotequote all
MB140 said:
Seems dodgy to me getting paid by a civil court for something already found not guilty in a criminal court.
He wasn’t found ‘not guilty’.

MB140

Original Poster:

4,055 posts

103 months

Saturday 6th October 2018
quotequote all
PorkInsider said:
MB140 said:
Seems dodgy to me getting paid by a civil court for something already found not guilty in a criminal court.
He wasn’t found ‘not guilty’.
FFS and he wasn’t found guilty. This argument can keep going on forever.

Guilt is binary. You are either guilty or not guilty. Not proven is a load of bks.

Proven = Guilty
Not proven = Not guilty

Arrrrrrh banghead

Derek Smith

45,612 posts

248 months

Saturday 6th October 2018
quotequote all
Dr Jekyll said:
Derek Smith said:
What's the problem? She made a claim for damages and won. Isn't that what the civil courts are for?

Why do you hope he wins, especially when he wasn't cleared of rape as you suggest.? The criminal court found the case 'not proved'.

Good on her. She's got nothing out of this evidently, other than a sense of justice.
So being acquitted isn't cleared? Nobody prosecuted can ever be 'cleared' by that argument.
This was a Scottish court. The difference with regards the findings has been explained in this thread.

A criminal court case is a test of evidence, not of guilt. It is not an enquiry; it is a fight between two sides. It's the best we can do, but it has faults.

In certain cases, someone found not guilty in a trial can be retried. There's a high profile case coming up later this year where the accused was found not guilty some year ago.


anonymous-user

54 months

Saturday 6th October 2018
quotequote all
51% guilty of Rape at civil court. Does he have to disclose this? They’re unable to have him placed on any list as there’s no criminal element I guess.


singlecoil

33,532 posts

246 months

Saturday 6th October 2018
quotequote all
Thing is, these days it's become a case of "she says he did it = he did it".

Pretty scary stuff.


Oakey

27,558 posts

216 months

Saturday 6th October 2018
quotequote all
MB140 said:
Yes I agree if it happened as she described its life changing for her too.

My other main concern is the vindictive people about to come out with false accusations and if there more believeable a quick £xxxxxx payout in civil court.

Seems dodgy to me getting paid by a civil court for something already found not guilty in a criminal court.

Fair does if he is convicted in a criminal court and then the victim wants financial compensation from the civil court. No problems with that. But to lose in a criminal court then have a second bite at civil court seems wrong.


I was burgled a quite a few years ago, scrote that did it was found not guilty (he did it known local thief selling stolen goods from my house caught red handed in effect). Does that mean I can now sue him for compensation in the local civil court. If that’s the case the civil courts would be full of people suing people with no evidence.
Do you not see the irony? Your burglar was found 'not guilty' but you know "He did it".

If it's binary why are you defaming this guy you accuse of burgling your house by insisting he did it?

Edited by Oakey on Saturday 6th October 09:32

Countdown

39,817 posts

196 months

Saturday 6th October 2018
quotequote all
TwigtheWonderkid said:
Derek Smith said:
What's the problem? She made a claim for damages and won. Isn't that what the civil courts are for?

Why do you hope he wins, especially when he wasn't cleared of rape as you suggest.? The criminal court found the case 'not proved'.

Good on her. She's got nothing out of this evidently, other than a sense of justice.
+1
+1.5



Countdown

39,817 posts

196 months

Saturday 6th October 2018
quotequote all
singlecoil said:
Thing is, these days it's become a case of "she says he did it = he did it".

Pretty scary stuff.
I don't think it does. There's also a lot of

"Well, she was obviously gagging for it"
"She should be grateful any man would"
"Look at the way she was dressed"
"What kind of woman goes to a man's hotel room after 7pm if she wasn't willing"

Man ridiculing victim of sexual abuse on world stage asks ‘why didn’t she come forward sooner?’

Dr Jekyll

23,820 posts

261 months

Saturday 6th October 2018
quotequote all
Derek Smith said:
Dr Jekyll said:
Derek Smith said:
What's the problem? She made a claim for damages and won. Isn't that what the civil courts are for?

Why do you hope he wins, especially when he wasn't cleared of rape as you suggest.? The criminal court found the case 'not proved'.

Good on her. She's got nothing out of this evidently, other than a sense of justice.
So being acquitted isn't cleared? Nobody prosecuted can ever be 'cleared' by that argument.
This was a Scottish court. The difference with regards the findings has been explained in this thread.

A criminal court case is a test of evidence, not of guilt. It is not an enquiry; it is a fight between two sides. It's the best we can do, but it has faults.

In certain cases, someone found not guilty in a trial can be retried. There's a high profile case coming up later this year where the accused was found not guilty some year ago.
'Not proven' is an acquittal.

Your last sentence confirms my point, nobody can ever be cleared once prosecuted.

singlecoil

33,532 posts

246 months

Saturday 6th October 2018
quotequote all
Countdown said:
singlecoil said:
Thing is, these days it's become a case of "she says he did it = he did it".

Pretty scary stuff.
I don't think it does. There's also a lot of

"Well, she was obviously gagging for it"
"She should be grateful any man would"
"Look at the way she was dressed"
"What kind of woman goes to a man's hotel room after 7pm if she wasn't willing"

Man ridiculing victim of sexual abuse on world stage asks ‘why didn’t she come forward sooner?’
The link to the joke website makes your position on this subject unclear.

markiii

3,603 posts

194 months

Saturday 6th October 2018
quotequote all
La Liga said:
othing to do with gender.

The victim of a sexual offence is automatically granted anonymity.
In a civil case?