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Feminism: Sex and gender discussions

All current rape and sexual assault cases to be reviewed - BBC

207 replies

UpABitLate · 27/01/2018 09:57

here

This raises a massive amount of questions and will be taken by many quarters to mean that most accusations are malicious and that lots of men are in prison for nothing / can be sent to prison on a "woman's word" (the evidence is fitted to make sure of that).

There is a line in the article which says:

"It also begs the question of why the review is to rape and sexual assault cases when many believe the problems of disclosure are systemic, he added."

I think this just shows up that our justice system has deep issues and worst in the area of sexual offences. We seem unable to "get it right" and the entire thing is already balanced on a foundation of laws evolved from property law, a societal tendancy to disbelieve victims, and here by procedural cock-ups.

I also note that new evidence that weakens cases does not mean it didn't happen - but of course this is how it will be taken. Undermining victims massively.

And yes - why only these types of cases when the problem is systemic? Because of an underlying perception, again, that women and girls lie (them being the majority of victims in court).

I think we need an overhaul of how approach sex crime. Trying to tackle it in our adversarial system, with the cultural underpinnings we have, is just not working. These crimes are effectively legal, the difficult in prosecuting is so high. It's only really if there's lots of evidence of other simultaneous crimes (other physical harm from violence, threats with weapons that are found, murder) that our laws are suitable.

Other countries have an inquisitorial approach, maybe we need to look at that.

And the agencies involved in all of this need to sort their shit out. On the one hand we have withheld evidence, on the other hand we have warboys. The system is not working for lots of people.

OP posts:
UpABitLate · 28/01/2018 12:55

"Even the women who don't like #metoo don't like it because they think it's lies - like the French women who wrote the letter - they believe it 100% "

I mean those women didn't dislike it because they believed there were lies - they did believe it 100% but they thought women should not take it so seriously.

OP posts:
UpABitLate · 28/01/2018 12:52

It's possible the reason PP doesn't react to posts from rape victims is that h doesn't believe them / or is not prepared to listen or believe unless there has been a conviction in a court of law + probably he's read about it and agrees with the jury.

I think it's interesting to note that with #metoo there has been an awful lot of people telling women to shut up and they aren't allowed to say anything unless there's been a conviction.

Few points there.
The first is of course that most women in #metoo aren't naming anyone, so why on earth shouldn't they say anything
The second is that lots of women talk about poeple they know but few other people do - so "a cousin and his friends raped me when I was 6" was one I've seen. Most people will not be able to identify anyone. I can't see anything wrong with this either

Where someone is named it gets interesting. I suppose we're into libel territory (or slander - whichever). The background to this is that women don't report (we all know why not) and there are incredibly large numbers of us who have not reported and therefore it's just been lurking there as something that made us upset / angry / fearful / traumatised / in pain etc but we have no mechanism to deal with it. We know the police are pointless with most of this stuff. Especially when the men involved are rich and powerful.

I suppose the experience is just so different as so many women have had so much shit done to them that they see all this and they think thank fuck for that, finally we are able to talk about it.

While some men see it as a frightening uncontrollable situation where anyone can say anything and who is going to be next.

This is underpinned by the fact that women know how common it is. Even the women who don't like #metoo don't like it because they think it's lies - like the French women who wrote the letter - they believe it 100% but think women should put up with it and what's more smile while they do (ie go back to how it was before).

Meanwhile as we know men as a group seem oblivious to the extent of creepy experiences & worse women have with men, starting when we're young. How they can be oblivious when it seems to go in a 2 or 3 year cycle of things being in the press (stats / reports / campaigns etc) but nevertheless they still seem awfully surprised whenever this conversation takes place and that surprise turns very quickly to disbelief. I think probably because they simply don't want to believe it because that would mean they'd have to understand society in a different way and other stuff that would not be comfortable. So we see this very quick reaction thing >> OMG how awful >>> no hold on this is silly it can't be true most of it is lies exaggeration overreaction attention seeking >> shut up now.

We need to change the way that men see all this, otherwise we will never get anywhere. Sadly, I don't think that they (as a group) are very up for that, so, we're never going to get anywhere.

I think that lots of men do think that women and children are OK collateral damage in maintaining the masculine storyline (strong, protective, kind etc) but they don't frame it like that, they just write all but the most extreme cases with perfect victims off as liars / asking for it etc.

OP posts:
QuentinSummers · 28/01/2018 12:27

wheni ignore the rape apologists on here. Some men don't actually give a shit about victims, as it's too challenging to their narrative. There's a word for that, begins with M

QuentinSummers · 28/01/2018 12:26

masterwu great post. Another example of the effects of austerity

handbag I get the impression this is one of the things some men talk about amongst themselves. "You know Paul, yeah, Paul went out last week and picked up a bird in a club. They had a great time, he left at 3 and she was out for the count. Next thing you know coppers are at the door saying he raped her! She says she doesn't remember taking him home. It's bollocks though, Paul says she was a right bunny boiler. Kept going on about wanting his phone number/where did he work. That's why he snuck out. She's obviously trying to get revenge. Poor old Paul".

No critical thinking at all. Obviously though men maintain rationality and objectivity at all times so it's not necessary.

HandbagKrabby · 28/01/2018 12:12

I know far more men, women and adults who were children who have been raped and abused than I do men who have been the poor victims of malicious allegations. In fact, anecdata alert, I’ve never met a man who has told me they’ve been a poor victim of malicious allegation. Funny how every fucker on the internet knows swathes of them.

whenireported all the best and I believe you. Axegrinders don’t want to listen to people have actually had to live through as it doesn’t fit their narrative. Flowers

Dervel · 28/01/2018 12:09

@PatriarchyPersonified can’t you see how it’s sensible to at least be a little bit compassionate in discussions surrounding rape? If not can’t you see how your desire to get a point across with little or no empathy for who you are participating with serves as a microcosm of the entire problem?

MasterWu · 28/01/2018 12:04

A massive problem with rape cases in England and Wales is the amount of political interference. There are too many parliamentary/judicial/investigatory bodies giving contradictory information, and each having their own view on how to proceed. (For example HMIC dictated that officers' starting point should be believing the victim at point of contact, the college of policing give different guidelines) Politicians have become increasingly involved esp with historical allegations (I wonder why?) and they too are ordering departments to change the way crimes are investigated. There are far too many bodies playing political football with rape, and not enough sitting down and working out a fairer and more just methodology for both victims and suspects alike.

The last two DPP's have put enormous pressure on police forces to bring more rape cases to court, at the same time large scale changes to officer numbers and bail act changes, have put huge pressures on officers trying to investigate these cases. It's pretty common for a DC to have 15-20 rape investigations on the go at the same time. Rules on disclosure and file prep change on what seems almost a monthly basis. It is really fucking hard to juggle that many balls and not drop them occasionally. There's waiting lists for tech individuals to look at computers and mobile phones of up to 6 months. It's not just a case of reading 400 pages of text messages, they've got to be downloaded and presented in an official way, and exhibited so. I can see why disclosure is fucked up, it's very unlikely officers are with holding information deliberately, especially since the relevancy test is so subjective, it's simple human error.

There's ways to change this but it will require a fuck tonne of money, and this government are never going to pay it

whenIreported · 28/01/2018 12:01

Bye for now, PP. I'm off out now with my lovely DH and his friend.

Gosh, I hope they don't rape me. Because, you know, all men do that.

Later.

whenIreported · 28/01/2018 12:00

Are you suitably mollified now, PP?

whenIreported · 28/01/2018 11:59

I have read the thread and I haven't seen a single suggestion that all men are rapists. Let alone a constant narrative.

Have YOU read the thread?

PatriarchyPersonified · 28/01/2018 11:56

Have you read this thread?!

whenIreported · 28/01/2018 11:53

"One of the reasons why the police and the CPS may have felt motivated to pervert the course of justice by suppressing evidence might be because of the constant narrative that all men are rapists"

Oh, and PP, I'm sorry, but wrt the above statement.

There's a "constant narrative that all men are rapists" Really? Where? I have to say that this is something I have NEVER encountered. Where do you live/work/read the newspaper to experience this narrative?

whenIreported · 28/01/2018 11:44

Oh gosh, PP, don't build a straw man. now.

I haven't "insisted" they you do anything.

I've simply pointed out your astounding and notable lack of empathy for rape victims that permeates both your attitude throughout your thread and your interactions with me.

I also think that pointing that out DOES form part of a "sensible discussion".

Now, it's interesting that you feel that acknowledging the experience of a rape victim doesn't amount to adding to a discussion around rape. Don't you think? Why is that?

PatriarchyPersonified · 28/01/2018 11:41

WhenIreported

I'm genuinely sorry that you have been the victim of an awful crime but I'm not sure what insisting that I say that to you has added to the discussion.

Are you suitably mollified? Can we now continue to have a sensible discussion?

PatriarchyPersonified · 28/01/2018 11:37

Quentin

Clearly not. Please don't reverse the context of what I'm saying. Your suggesting that a woman has nothing to gain from a false rape allegation therefore any allegation is likely to be genuine.

That's only true if you believe that everyone is a rational actor and only makes 100% rational decisions.

I'm not a rape apologist, I'm not minimising rape. I'm just against replacing one injustice (that it's difficult for women to prove rape beyond reasonable doubt) with another injustice (presumed guilt of all men).

HairyBallTheorem · 28/01/2018 11:26

whenI Flowers

I suspect that all rape victims are invisible to him.

Quentin absolutely nails it with the "who benefits?" question. (There's a wonderful Jackie Fleming cartoon of this, with a woman saying breezily to a man "Of course women don't report bad sex as rape just on a whim. We don't want to spend our whole bloody lives in court.")

QuentinSummers · 28/01/2018 11:21

The 'who benefits' line of reasoning in these circumstances is a tricky one. It assumes that all participants are completely rational actors who only make rational decisions

Haha haha
Hahaha
That's hilarious.
Ok, so I can infer from that that men arent always rational in emotionally charged situations and may get carried away and not get consent? Then regret it and lie about it later?

Dervel · 28/01/2018 11:07

@PatriarchyPersonified If you are seriously asserting that swathes of traumatised women is acceptable collateral damage as long as men believe consent occurred then you have a seriously wonky moral compass.

As to solutions I think legal aid to rape victims to at least pursue rapists in civil cases. I realise that isn’t really good enough, but it would change the cultural conversation around rape. More men would be found liable and couldn’t exactly parade themselves around as innocent furthermore it would provide some sort of closure to a victim that on the balance of probabilities they were believed over the rapist.

I think as the years rolled on the number of men falling foul of civil cases would change our culture for the better and lead to more realistic prospects for criminal convictions in the long run.

whenIreported · 28/01/2018 11:06

Wow.

I really am invisible to you as a rape victim, aren't I PP?

PatriarchyPersonified · 28/01/2018 11:05

Quentin

The 'who benefits' line of reasoning in these circumstances is a tricky one. It assumes that all participants are completely rational actors who only make rational decisions. Sadly not always true, especially in emotionally charged situations.

whenIreported · 28/01/2018 10:45

"PatriarchyPersonified Sat 27-Jan-18 14:33:51
Quentin

Firstly, it's possible to care about more than one thing at once."

Also, with reference to the above ^

I call BS.

You're happy to argue until you're blue in the face about the things men might go through, but you haven't ONCE acknowledged my personal experience, that I have shared on this thread.

Or expressed empathy, understanding or concern for me as a rape victim.

You've made it quite clear why you're here, and it certainly isn't because you want to understand how rape affects women.

QuentinSummers · 28/01/2018 10:45

Man and woman on date, go back to hers afterwards and go to bed together. Enthusiastic consent given, and man penetrates woman. During sexual act, woman decides she isn't happy any more and wants it to stop. However doesn't communicate in any way to the man. Next day she is upset and tells a friend, who encouraged her to report it.

I would be very sceptical if a man told me this had happened to him. I think it's more likely consent wasn't enthusiastic or the man decided to do something mid sex that the woman didn't want. And is now pretending she didn't say anything at the time.

If you weren't there, how would you know what actually happened? And if one if them is lying, who stands to benefit most from that? The man, who raped someone but through lying can get away with it? Or the woman, who for some reason decides to report a rape to the police, go through an intimate exam, get her behaviour and history questioned, all for the satisfaction of seeing an innocent man in court? (At a considerable risk that if it's discovered she's lying, she will be done for perverting the course of justice).

It's just flipping nonsensical. Apply some logical thought to the scenarios rather than just blanket assuming everything your mates tell you is fact. What are you, 5?

HairyBallTheorem · 28/01/2018 10:40

And did either of your scenarios result in a conviction? I'm guessing not.

On the flip side, I remember reading a first-person account of being raped by a woman who was brutally raped in a dark alley by a guy she'd talked to in a bar earlier that evening. The defence argued that because she'd talked to him (cctv footage and witness statements) and some women liked rough sex (she was left bloodied and bruised by the assault that accompanied the rape) it was all consensual. The jury didn't convict.

(There's a case where an inquisitorial system might well work better. My understanding is at the moment the prosecution have no right to know what direction the defence will take things in - in this case, the prosecution might have been served better by being able to ask the woman whether in this case she was prepared to waive her right not to have her own past sexual history discussed, in order to establish that she had never, ever been interested in rough sex. But in the current system this would count as coaching the witness and wouldn't be allowed.)

whenIreported · 28/01/2018 10:36

If a woman who is capable of consenting then reports the act as rape then that ISN'T a "misunderstanding" it's a false rape allegation.

The first one, I can't comment on without having been there. Presumably your friend didn't notice he was fucking an unhappy woman?

PatriarchyPersonified · 28/01/2018 10:32

WhenIreported

Yes because that was the woman's story as well. She never denied that consent was given, or that any further alcohol was consumed etc. She just told anyone who would listen that it 'wasnt valid' because she had been drinking. When it was pointed out to her that by that rule, she had also technically sexually assaulted the man, it didn't go down well.

Anyway, examples given.

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