News1 min ago
Rape Victims Told To Hand Over Mobile Phones Or See Attackers Walk Free.
Thoughts?
https:/
I don't like the banner headline - the use of the word "attackers" suggests guilt has been decided before a trial: 'Accused' would have been a more appropriate word to use....but that's by the by.
I completely understand Olivia's point of view when she states "My phone documents many of the most personal moments in my life and the thought of strangers combing through it, to try to use it against me, makes me feel like I'm being violated once again." BUT, what if buried within those personal moments reveals messages that confirms the innocence of the accused?
On balance this seems like a good idea as (hopefully) it will stop the pernicious false accusations that can ruin the lives of those falsely accused.
https:/
I don't like the banner headline - the use of the word "attackers" suggests guilt has been decided before a trial: 'Accused' would have been a more appropriate word to use....but that's by the by.
I completely understand Olivia's point of view when she states "My phone documents many of the most personal moments in my life and the thought of strangers combing through it, to try to use it against me, makes me feel like I'm being violated once again." BUT, what if buried within those personal moments reveals messages that confirms the innocence of the accused?
On balance this seems like a good idea as (hopefully) it will stop the pernicious false accusations that can ruin the lives of those falsely accused.
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"I wonder what your take would be if you were caught as one of the 10$ Spath? "
That 10% is already in a grey area though.. You should be able to prove if it isn't rape.
The only time a phone has helped is "when messages emerge from their accusers that cleared their name." This can easily be looked into without confiscating phones.
That 10% is already in a grey area though.. You should be able to prove if it isn't rape.
The only time a phone has helped is "when messages emerge from their accusers that cleared their name." This can easily be looked into without confiscating phones.
Ummm, if that was the case, they'd hand the phone over no two questions. Issue is, if they went on a night out, maybe took some drugs? That will make them against giving phone to police.
Regardless if someone says yes over text and has proof of plan, if in the moment, one part didn't want it, then it turns into rape if the other party carries on. A phone can't prove anything to do with that
Regardless if someone says yes over text and has proof of plan, if in the moment, one part didn't want it, then it turns into rape if the other party carries on. A phone can't prove anything to do with that
...which brings us to degrees of rape- or not. Whilst I'm 100% against any rape obviously, is it really as awful if your drunken husband has sex with you when you'd rather he didn't than if half a dozen guys you don't know bundle you into a van, beat and rape you for 2 days and then you escape, all the time fearing you might be killed? I'm going to be massively politically incorrect here and state catagorically that I do think there are degrees of rape, that is not to say that any is ever justified at all for whatever reason. For the record I don't think taking a victims phone will be remotely helpful because as JF says what can be on the victims phone that isn't on the accused?
Calicogirl - The rape remains a rape, but the attack by strangers is compounded by other offences: assault, false imprisonment, kidnap, etc.
Any husband who has sex, drunk or otherwise, is showing an appalling lack of respect. In cases where husband is the breadwinner, this can also reflect the imbalance of power, which is now being seen as domestic abuse and as a defence in cases of spousicide.
Any husband who has sex, drunk or otherwise, is showing an appalling lack of respect. In cases where husband is the breadwinner, this can also reflect the imbalance of power, which is now being seen as domestic abuse and as a defence in cases of spousicide.
Just seen on BBC News. The police want access to everything in the 'phone, rather than simply the bits that support or undermine a case.
As things stand, if the accused believes there is evidence anywhere, the court can order disclosure. That seems reasonable: defence can set out what they want and why, then a judge decides.
The cases that have collapsed have done so because the prosecution already had this information but failed to disclose it. That is an entirely different question. The way to address CPS failings is not to intrude into the privacy and dignity of someone who has possibly undergone one of the worst offences on the statute book.
As things stand, if the accused believes there is evidence anywhere, the court can order disclosure. That seems reasonable: defence can set out what they want and why, then a judge decides.
The cases that have collapsed have done so because the prosecution already had this information but failed to disclose it. That is an entirely different question. The way to address CPS failings is not to intrude into the privacy and dignity of someone who has possibly undergone one of the worst offences on the statute book.
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