Male defendants in rape cases to be given anonymity?
Male defendants in rape cases to be given anonymity?
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Discussion

Marty Funkhouser

Original Poster:

5,443 posts

211 months

Thursday 20th May 2010
quotequote all
http://www.dailymail.co.uk/news/article-1279965/Ma...

The first decent thing to be produced by the coalition?

grumbledoak

32,571 posts

263 months

Thursday 20th May 2010
quotequote all
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.

will_

6,035 posts

233 months

Thursday 20th May 2010
quotequote all
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
No - mud sticks.

Define "false" - where the accused gets off? Not necessarily a false accusation, just an unproven one. With that sort of threat no-one would make an accusation. Much better that if a defendant is found not guilty he's not had his name smeared throughout the press first.

Devil2575

13,400 posts

218 months

Thursday 20th May 2010
quotequote all
will_ said:
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
No - mud sticks.

Define "false" - where the accused gets off? Not necessarily a false accusation, just an unproven one. With that sort of threat no-one would make an accusation. Much better that if a defendant is found not guilty he's not had his name smeared throughout the press first.
Agreed given the fact that we also have trial by media in this country as well. Who cares about the verdict when we can decide they're guilty before hand....

Jasandjules

72,616 posts

259 months

Thursday 20th May 2010
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I think this is one of the few cases where anonymity is justified until conviction.

shakotan

10,862 posts

226 months

Thursday 20th May 2010
quotequote all
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
Sorry, I disagree.

What about during the trial, before a wrongly accused man is acquitted?

What about dumb vigilanties attacking his home, his family, his friends?

Both should stay private until the court case is over.

paddyhasneeds

67,895 posts

240 months

Thursday 20th May 2010
quotequote all
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
I thought with rape the whole point is the accused is named regardless whilst it's very vary rare the the accuser to be named?

turbobloke

117,253 posts

290 months

Thursday 20th May 2010
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The coalition document also mentions another situation where anonymity will be granted to an accused but innocent individual, both changes should be welcome in the interests of natural justice and true equality of treatment.

FarleyRusk

1,036 posts

241 months

Friday 21st May 2010
quotequote all
shakotan said:
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
Sorry, I disagree.

What about during the trial, before a wrongly accused man is acquitted?

What about dumb vigilanties attacking his home, his family, his friends?

Both should stay private until the court case is over.
This.


Should be careful not to go too far though : Bizarrely in the Netherlands the accused is afforded semi-anonymity in the media even after he has been convicted. They would have referred to Fred West as "Fred W." even after he topped himself!

G_T

16,163 posts

220 months

Friday 21st May 2010
quotequote all
FarleyRusk said:
Should be careful not to go too far though : Bizarrely in the Netherlands the accused is afforded semi-anonymity in the media even after he has been convicted. They would have referred to Fred West as "Fred W." even after he topped himself!
That's to protect the family not the defendant/convicted though isn't it?

Tsippy

15,078 posts

199 months

Friday 21st May 2010
quotequote all
I hope they push to name people falsely accusing others of rape too, my friends life was pretty much ruined when he was falsely accused of rape furious Of course, his name was all over the local papers and the fking tart who accused him remained anonymous. He was just lucky that she let it slip to one of her friends (who revealed it) that she was accusing him of it because her boyfriend found out she had been having sex with someone else rolleyes


gtdc

4,259 posts

313 months

Friday 21st May 2010
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It's an odd one this and seems to have arisen from blokes being accused of rape by women who were totally off their tits and can't remember what happened. In my day that would have been a case of gingerly lifting up the duvet, taking a look and running like fk. Now it's rape, counselling and ruin the bloke's life.

That should be dealt with and the silly tarts should be superglued until they learn a little control.

In real rape cases allowing the accused to reamin annonymous is surely going to make it even harder for women or men victims to report it.

Swilly

9,699 posts

304 months

Friday 21st May 2010
quotequote all
Times have changed and its about time this approach to anonynimity changed.

The balance of power and perceptions between men and women are considerably more equal now than previously.

Also the media cannot be relied upon to exercise constrain in their reporting of such things.

will_

6,035 posts

233 months

Friday 21st May 2010
quotequote all
gtdc said:
In real rape cases allowing the accused to reamin annonymous is surely going to make it even harder for women or men victims to report it.
Why?

paddyhasneeds

67,895 posts

240 months

Friday 21st May 2010
quotequote all
gtdc said:
In real rape cases allowing the accused to reamin annonymous is surely going to make it even harder for women or men victims to report it.
I don't understand why you would think that?

loltolhurst

1,994 posts

214 months

Friday 21st May 2010
quotequote all
Gaz. said:
It's about bloody time.

The way we deal with sex crimes is still in the dark ages, hopefully this is the first of many steps in the right direction that makes the aftermath less of an ordeal for victims, that the right person is caught and that the falsely accused do not have their lives destroyed either. The whole process needs a shake up & total overhaul, preferably with a balanced mind.
too right. this should apply to all sex crimes many a teacher etc have had their names and lives ruined. innocent until guilty and the papers should keep to that.

Zod

35,295 posts

288 months

Friday 21st May 2010
quotequote all
grumbledoak said:
No. The basics of our justice system were much better thought out than most recent tinkering. Having the accused and the accuser made public is a good thing. We should have hefty punishments for false accusations instead.
I have sympathy for this view, but the same campaigners who claim that he naming of the accused encourages more victims to come forward will claim that hefty punishmnts for false accusations will discourage women from reporting genuine crimes.

I'd consider a maximum penalty for false accusation at the same tariff as for rape itself. Both rape and false accusation severly damage the victim's life, but in different ways.

cymtriks

4,561 posts

275 months

Friday 21st May 2010
quotequote all
They can't sustain the current system.

It's only a matter of time before a man just tells everyone, forces a legal response due to the law on female anonimity, and then sues for sex discrimination citing common practice in other countries as an example of of what should have happened.

He'd probably win to.

Can you imagine the damages? He'd get let off, make the UK legal system look stupid and archaic and leave with a very fat wallet. Can you imagine how many blokes would follow his example?

The government know a massive sex discrimination case that they'd lose is on the way. That's why they're changing the rules.

Mazda Baiter

37,069 posts

218 months

Friday 21st May 2010
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Zod said:
I'd consider a maximum penalty for false accusation at the same tariff as for rape itself. Both rape and false accusation severly damage the victim's life, but in different ways.
Now that makes a lot of sense. yes

FarleyRusk

1,036 posts

241 months

Friday 21st May 2010
quotequote all
G_T said:
FarleyRusk said:
Should be careful not to go too far though : Bizarrely in the Netherlands the accused is afforded semi-anonymity in the media even after he has been convicted. They would have referred to Fred West as "Fred W." even after he topped himself!
That's to protect the family not the defendant/convicted though isn't it?
Not so sure. There was recently a spot on Dutch TV news announcing police were looking for a dangerous criminal [suspect] who had absconded and they obscured his face. To protect his identity of course.... LMFAO