Rape accusations

[reohn2]

In light of recent cases,is it time for annonimity for those accused of rape until proven guilty,indeed should it apply to anyone accused of any crime until the accusation isproven?
Do the recent cases also hinder people who've been raped or sexually assaulted of reporting the crime to the police?

[Psamathe]

I have felt for some time that at least in sexual offences there should be anonymity for the accused unless there is strong case needing further crucial evidence - and that decision should be the exception and made by a judge.

False accusations have a devastating impact on the lives of the innocent, something that seems irrelevant under the current system. Society needs to protect the innocent as well as dealing with the guilty.

Ian

[Cunobelin]

I have felt for some time that at least in sexual offences there should be anonymity for the accused unless there is strong case needing further crucial evidence - and that decision should be the exception and made by a judge.

False accusations have a devastating impact on the lives of the innocent, something that seems irrelevant under the current system. Society needs to protect the innocent as well as dealing with the guilty.

Ian

False accusations also undermine the system as they are the ones that gain publicity and devalue the testimony of the real victims

[pwa]

My wife had a colleague who was the victim of a false accusation, one that was easily disproved in the end but which had him suspended from his job for months, with a cloud of suspicion hanging over him. His accuser, it turned out, had a history of similar accusations against other people. All had suffered while she remained anonymous.

Real sexual offences have to be investigated, and genuine offenders prosecuted, and to do that we have to also investigate the false claims, since we cannot distinguish one from the other. But the accused will include some who are innocent, and we have to remember that.

[[XAP]Bob]

Hence the need to actually deal with the accused as innocent until proven guilty.

[pete75]

My wife had a colleague who was the victim of a false accusation, one that was easily disproved in the end but which had him suspended from his job for months, with a cloud of suspicion hanging over him. His accuser, it turned out, had a history of similar accusations against other people. All had suffered while she remained anonymous.

Real sexual offences have to be investigated, and genuine offenders prosecuted, and to do that we have to also investigate the false claims, since we cannot distinguish one from the other. But the accused will include some who are innocent, and we have to remember that.

Apparently under 10% of rape cases result in a conviction. I't take a lot to convince me that the ones that don't are all false claims.

Over forty years ago I personally knew someone who raped and got away with it as far as the law was concerned. The raped girl was from a tough fen family and her brothers dealt with him. The damage to his testicles meant he was effectively castrated. He suffered other damage including the loss of his spleen and most of his teeth. Before this happened he'd been advised his best course of action was to walk into the police station, make a full confession and not ask for bail.

[Psamathe]

My wife had a colleague who was the victim of a false accusation, one that was easily disproved in the end but which had him suspended from his job for months, with a cloud of suspicion hanging over him. His accuser, it turned out, had a history of similar accusations against other people. All had suffered while she remained anonymous.

Real sexual offences have to be investigated, and genuine offenders prosecuted, and to do that we have to also investigate the false claims, since we cannot distinguish one from the other. But the accused will include some who are innocent, and we have to remember that.

Apparently under 10% of rape cases result in a conviction. I't take a lot to convince me that the ones that don't are all false claims.
.....

I suspect that some that don't result in conviction were where a crime was committed but with inadequate evidence and others false allegations. I have no idea about the numbers. There seems little doubt that false allegations are made and the lack of anonymity of the falsely accused can be life destroying. Society needs to protect the innocent as well as punish the guilty.

My gut feeling is that when the identity of the accused is made public there is not always adequate justification on the grounds of finding additional victims (or to obtain additional evidence). Hence my suggestion that the Police should be obligated to maintain anonymity of the accused and they should be required to convince a judge of the need/reasons before "going public". I think maintaining anonymity of the accused should apply to more than just rape accusations.

Ian

[PH]

When the day comes that all victims of assault can go into a police station and dealt with appropriately, then the argument against anonymity will go away.

[pwa]

My wife had a colleague who was the victim of a false accusation, one that was easily disproved in the end but which had him suspended from his job for months, with a cloud of suspicion hanging over him. His accuser, it turned out, had a history of similar accusations against other people. All had suffered while she remained anonymous.

Real sexual offences have to be investigated, and genuine offenders prosecuted, and to do that we have to also investigate the false claims, since we cannot distinguish one from the other. But the accused will include some who are innocent, and we have to remember that.

Apparently under 10% of rape cases result in a conviction. I't take a lot to convince me that the ones that don't are all false claims.

Over forty years ago I personally knew someone who raped and got away with it as far as the law was concerned. The raped girl was from a tough fen family and her brothers dealt with him. The damage to his testicles meant he was effectively castrated. He suffered other damage including the loss of his spleen and most of his teeth. Before this happened he'd been advised his best course of action was to walk into the police station, make a full confession and not ask for bail.

I don't think most claims of rape are false. I suspect most are genuine. But some are false, and we have to have a balanced way of dealing with these serious matters that also takes account of that.

[reohn2]

IMHO the problem with the accustion of rape is proof.
Generally unless there's witnesses or incriminating evidence,such as DNA or social media,etc,it comes down to accused word v the accuser.

[softlips]

Yes, the accused should remain anonymous until convicted, perhaps unless they have previous convictions for the same.

[Bonefishblues]

Yes, the accused should remain anonymous until convicted, perhaps unless they have previous convictions for the same.

The issues arising v-a-v the accused getting a fair trial are very obvious in that scenario.

[Cyril Haearn]

There is far too much media coverage and speculation about all sorts of crimes

[Cunobelin]

Hence the need to actually deal with the accused as innocent until proven guilty.

More difficult when it is a crime against the person

In some cases there will be indisputable evidence that there is a risk if that person is free. IN these cases being confined for the safety of the public may be at the cost of that presumption

[[XAP]Bob]

Yes, people are held pending investigation - that tends to be at the discretion of a judge though doesn’t it...

The police can’t just hold you indefinitely (well, unless they invoke the magic terrorist word)