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Should rape defendants be granted anonymity?
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Author:  pcernie [ Thu May 20, 2010 9:59 pm ]
Post subject:  Should rape defendants be granted anonymity?

Quote:
People accused of rape in England and Wales are to be granted anonymity under proposals announced by the coalition government.

The proposal was not in the Liberal Democrat or Conservative manifesto, but has been a Lib-Dem policy.

But the plan angered anti-rape campaigners who said it would do nothing to improve the conviction rate.

At present, there are no restrictions on naming defendants who are over 18 years old.

The government's proposal for anonymity would only affect England and Wales. There is no anonymity for rape defendants in Scotland and Northern Ireland.

The document setting out the programme for government says that ministers will extend anonymity in rape cases to defendants, but does not elaborate how this would work in practice.

The Ministry of Justice would not be drawn on how the proposal would be applied, other than to say: "This is a sensitive area and careful analysis of the options and implications will be undertaken."

'Insult'

But Ruth Hall, of Women Against Rape, said the government's decision to grant anonymity to suspects was an "insult".

"More attention needs to be paid to the 94% of reported cases that do not end in conviction rather than the few that are false," she said.


A LASTING EFFECT?
You've still got your name connected to it. Just to have it connected to something like that is bad, terrible, nightmarish. It doesn't matter what the outcome was.

New life for man cleared of rape

"If men accused of rape got special rights to anonymity, it would reinforce the misconception that lots of women who report rape are lying."

Official statistics show that while only 6% of all reports of rape to the police lead to a conviction, more than half of the cases that make it to trial result in the suspect being found guilty.

Despite not appearing in the Liberal Democrat manifesto, the anonymity proposal became party policy at its 2006 conference after a number of cases in which celebrities were named in newspapers in allegations of sexual assault.

The policy resolution stated that defendants should remain anonymous in rape cases unless and until they are convicted.

Supporters of the measure said that it removed the taint of "no smoke without fire" that cleared defendants say they suffer.

But the proposal divided the party with some activitists saying it could lower conviction rates, as it could mean fewer witnesses or other victims coming forward.

Some legal experts have argued that anonymity could only be justified if society concluded that the crime was far worse than every other offence, including murder, and that there was proof of a high rate of false allegations.

But a major independent review of rape earlier this year warned there needed to be a proper examination of the wider issues.

The 1976 Labour government introduced anonymity for defendants - only for the measure to be repealed 12 years later under the Conservatives.

During this time, judges could refuse to grant anonymity where naming the defendant would make it more likely for other victims to come forward.

In 2001, the then director of public prosecutions said there was a case for reintroducing limited anonymity.

During this period, there has been a series of stories in national newspapers where celebrities suspected of rape were named, even though in some cases they were not charged or the complainant was malicious.


http://news.bbc.co.uk/1/hi/uk_politics/8695367.stm

It's one hell of an issue, but my initial reaction is to grant anonymity, as I could see it being more positive than negative overall. How the press handle it would be another issue altogether. Christ, even social networking...

Is it possible to introduce something like this with the promise of a review later by a committee of MPs and/or interested parties, for instance?

Author:  rustybucket [ Thu May 20, 2010 11:38 pm ]
Post subject:  Re: Should rape defendants be granted anonymity?

Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.

Author:  CMOT-Weasel [ Fri May 21, 2010 12:14 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

Until proven guilty, of course they have the right to anonymity. Why the hell shouldn't they?

Author:  finlay666 [ Fri May 21, 2010 12:32 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

CMOT-Weasel wrote:
Until proven guilty, of course they have the right to anonymity. Why the hell shouldn't they?

Everyone should until guilty

Author:  JJW009 [ Fri May 21, 2010 12:36 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

I think the main point is:

"Some legal experts have argued that anonymity could only be justified if society concluded that the crime was far worse than every other offence, including murder, and that there was proof of a high rate of false allegations."

I think society has indeed concluded that sexual crimes are worse than murder. Certainly, they are far more tabloid worthy and far more likely to incite brainless vigilante style injustice. If society wasn't so prone to drawing prejudicial conclusions then it wouldn't be a problem, but unfortunately most people are shallow minded barbarians. You only need the slightest rumour that someone is a kiddy-fiddler and every forum is full of posts demanding immediate death by torture without trial.

Author:  jonlumb [ Fri May 21, 2010 6:33 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

Given the vigilante action that has been seen over suspected paedophiles even after acquital shows that there are certain folk who don't take the results of the legal system seriously. Given that at least one Paediatrician was attacked in south Wales clearly shows how bloody stupid these people are.

The corollary problem is that it's actually not that hard for a woman to cry 'rape' simply to get at someone or because they got very drunk and then regretted it. For the men at the receiving end, it makes their life a misery even after cases have been thrown out (ie not even got as far as a jury decision the prosecution was so poor).

Author:  l3v1ck [ Fri May 21, 2010 7:00 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

rustybucket wrote:
Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.
+1
Allegations like that stick for life even if they are false. It's a shame some women make things up like that, but it does happen. No matter what the verdict, the man's life is ruined.

The only thing I will say is they need more victim support for women who have suffered this.

Author:  okenobi [ Fri May 21, 2010 8:09 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

rustybucket wrote:
Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.


+2

Author:  james016 [ Fri May 21, 2010 8:14 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

rustybucket wrote:
Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.


This.

Author:  tombolt [ Fri May 21, 2010 8:23 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

+1

Author:  Amnesia10 [ Fri May 21, 2010 8:25 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

rustybucket wrote:
Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.

+1

Yes too many cases of women who claim that they were raped when they are ashamed of what they did. The case of the female lawyer last year who got drunk and had sex with a guy, afterwards she claimed she was raped because she would never have slept with him if sober, so he must have raped her. He was acquitted but his reputation trashed.

Author:  big_D [ Fri May 21, 2010 9:04 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

l3v1ck wrote:
rustybucket wrote:
Quote:
Should rape defendants be granted anonymity?

Yes.

Do it yesterday.
+1
Allegations like that stick for life even if they are false. It's a shame some women make things up like that, but it does happen. No matter what the verdict, the man's life is ruined.

The only thing I will say is they need more victim support for women who have suffered this.

Agreed. For the women who genuinely suffer, I'd like to see the rapist strung up! But for the false accusations, I want to see anonymity...

That said, there was a case in Germany, where the man had an affair with a neighbour for 6 months, then called it off. The woman went to the police and cried rape. Before it was reported in the press, the local community had the full SP, through the housewives grapevine!

There was, obviously, overwhelming evidence of him having had sex with the woman. The man's wife was ostracised and couldn't go to work - the boss sent her home - and the children were bullied at school. The man lost his job. Even the wife's "friends" didn't want to have anything to do with her!

In the end, the neighbour retracted her accusation, but the damage had been done.

Author:  veato [ Fri May 21, 2010 10:44 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

+1 to all the above

Author:  didgeman [ Fri May 21, 2010 11:36 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

BUT, if we are to grant anonymity in a case like this, it will have to be granted in any case where there are huge stigmas attached to the crime, e.g. child abuse .. where does that stop?

Didge.

Author:  okenobi [ Fri May 21, 2010 11:46 am ]
Post subject:  Re: Should rape defendants be granted anonymity?

didgeman wrote:
BUT, if we are to grant anonymity in a case like this, it will have to be granted in any case where there are huge stigmas attached to the crime, e.g. child abuse .. where does that stop?

Didge.


It doesn't. Nor should it.

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