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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.

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QuentinSummers · 27/01/2018 13:36

I am puzzled. Some men early went to jail because evidence of their innocence wasn't disclosed. Some men were in jail because evidence of their innocence wasn't disclosed. Some men may be in jail because evidence of their innocence wasn't disclosed
No, this is not the case.
Evidence is being disclosed late so men are going further through the process than needed.
Actually though it's showing the process does work because when the evidence us disclosed the charges are dropped.
I'd really like to see something that's not anecdata about men's lives being ruined. It seems more like women's lives are ruined- I read a blog the other day about a woman who lost her job after alleging rape against a co worker. I have read numerous accounts of rape victims committing suicide when the person they said raped them was acquitted. In the current Larry Nassar case, some of the victims have killed themselves and so have some of their family members.
Bloody fed up of this "rape allegations are the worst thing EVER". It just goes to show how many people are totally unable to think of anything other than the impact on the man.

brownelephant · 27/01/2018 13:26

I don't understand this.
if previous sexual history of the victim is (should be) relevant then why is not disclosing messagages about said sexual history of the victim an issue?

KateSheppard · 27/01/2018 13:26

WhollyFather

“Sarcasm is the lowest form of wit, but the highest form of intelligence.”

Perhaps you should try it.

Graphista · 27/01/2018 13:23

"It does sound as if there has been a consistent and systematic police culture of "hiding and losing" evidence which might help the defence case, and that desperately needs to be exposed" actually I would say what needs investigated is WHY police feel that is necessary - I strongly suspect because - like women especially victims, they're sick to the back teeth of seeing GUILTY men go free!

And don't give me the "ruins their lives" bollocks - because there's plenty of evidence that it doesn't. Wives and families stand by them, they rarely lose their jobs...

Princessofthesea - you have proof that women lie/exaggerate?

"Interesting job you must have." Quite!

And with later comments - if I were your employer I'd be concerned you were no longer unbiased and fit for the role.

Barracker - I agree, I can't remember watching/reading of a rape case failing where I didn't think it was a case of a rapist getting off on a "technicality"

KateSheppard · 27/01/2018 13:20

"women do lie about rape"

NAWALT, PrincessoftheSea.

How do you know that they lie/distort? Did you view the CCTV?

Or did the woman get badgered by friends/family/the police until they acquiesced that it "probably wasn't that bad" and "I'm sure he didn't mean it" and "we were both drinking" and "he's usually such a lovely fellow" and "I'm sure it was all just a big misunderstanding".

Did you know that women have been charged with false reporting when they have refused to retract an allegation that the police did not want to pursue? Did you know that women have been imprisoned for alleging - and refusing to retract the allegation of - rape? Here are three stories of women being punished for variously, reporting rape, refusing to retract an allegation and (unbelievably) falsely retracting an allegation. Can't get it right for being wrong, can we.

Marie:
www.propublica.org/article/false-rape-accusations-an-unbelievable-story

Sarah:
www.theguardian.com/society/2012/mar/13/woman-retracted-rape-claim-husband

Sarah tells her story:
www.theguardian.com/society/2010/nov/26/accused-husband-rape-jail

Prospect Park:
www.nytimes.com/2018/01/09/nyregion/prospect-park-rape-solved-dna.html

WhollyFather · 27/01/2018 13:06

Alison Saunders, the DPP, has issued instructions that the number of rape convictions must increase. Sadly, the approach being taken by the police and CPS seems to be to prosecute in cases where there is only a marginal chance of a conviction and to improve their success rate by suppressing (or not even looking for) evidence which does not support the woman's claims.

I imagine many of the people commenting here have fathers, brothers, husbands, partners or sons - how happy would you be to see them imprisoned and their name blackened for ever on the word of one witness, where evidence which could have acquitted them was kept secret?

And KateSheppard, thanks for your brief but valuable demonstration of why sarcasm does nothing to advance an argument.

PrincessoftheSea · 27/01/2018 13:05

Hairy, yes being accused of rape is perhaps except for murder the worst crime you can be accused of.

Leaving celebrity like Mike Tyson out of it, it causes a massive amount of stress, its a long drawn out process, all support is for the victim, loss of friendships, job, marriage.... its not pretty.

PrincessoftheSea · 27/01/2018 13:01

Barrack - this is exactly the issue. Once you are accused of rape, the accusation sticks.

If this is your DH or you DS, not much fun.

Angry - not sure what your post means. Yea I deal with accusations of harrassment, assault in work capacity. Has really opened my eyes to the fact women do fabricate. Often.

This does not mean I don't think rapists should be convicted before anyone puts words into my mouth.

HairyBallTheorem · 27/01/2018 13:00

I don't buy the "being accused of rape is the worst thing ever" view point. Yes, it is utterly horrible. But there are countless examples of men in the public eye where either a rape case has collapsed and they've gone on to have perfectly satisfactory careers, or even where they've been convicted of rape (or admitted to it) and gone on to have stellar careers nonetheless (Roman Polanski? Mike Tyson? They hardly seem to be struggling).

BarrackerBarmer · 27/01/2018 12:57

When rape convictions are overturned or cases collapse, I try to take a look at whether the evidence shows a.victim was lying, rape was impossible, victim wasn't in the country at the time etc...or b.victim 'had a normal sounding conversation with their rapist afterwards which the justice system will falsely assume to be evidence she couldn't have been raped. Or c. Victims previous sexual history deems her unrapeable.

It always seems to be b or c. And I watch the 'poor boys' on tv lamenting their unjust treatment and i think, "rapist who got off".
Miscarriages of injustice are not evidence of innocence. They mostly seem to be a members pass into the 96% club.

It is 96% is it not? The percentage of rapes that go unpunished?

AngryAttackKittens · 27/01/2018 12:57

have seen it close up many times through work

Interesting job you must have.

Catchedinthetefelone · 27/01/2018 12:53

This reply has been deleted

Message withdrawn at poster's request.

PrincessoftheSea · 27/01/2018 12:53

Agree rape is under reported, but women do lie about rape or distorts the truth and what really happen though they don't always take it to court but can sure create a lot of damage.have seen it close up many times through work and it really damages a man's reputation forever due to the no smoke without fire factor. Its hardly the same as lying about a burglary.

KateSheppard · 27/01/2018 12:50

How fortunate we are to have a Wise Dad here, to school us out of our hysterical, man destroying ways.

Thank you Wise Dad. I have seen the light.

AngryAttackKittens · 27/01/2018 12:48

The issue is that the way it's being framed makes it seem like it's only sex crimes where police reporting and investigation and the testimony of victims can't be trusted. Because women lie about rape, you see, and it's important that we as a society focus on that.

Meanwhile back in reality land rape is still massively underreported and most rapists will never see a single day in jail.

HairyBallTheorem · 27/01/2018 12:40

The problem lies not in the decision to review the cases, which is absolutely right and proper. It does sound as if there has been a consistent and systematic police culture of "hiding and losing" evidence which might help the defence case, and that desperately needs to be exposed.

The problem is that (a) this is focusing exclusively on rape and sexual assault (when I bet the police involved have been engaged in similar tactics with other types of case) and (b) without careful reporting, it feeds into a media position that women often lie about rape (when in fact they are no more likely to do so than the average person in the street is to lie about, say, burglary in order to pad an insurance claim - the Home Office estimates the rate to be round about 3% for both).

WiseDad · 27/01/2018 11:47

I am puzzled. Some men early went to jail because evidence of their innocence wasn't disclosed. Some men were in jail because evidence of their innocence wasn't disclosed. Some men may be in jail because evidence of their innocence wasn't disclosed. But #patriarchy. But society will find a way to believe the man. But "any sort of man is a rapist".

Stunned. You would let innocent men be jailed and their lives be destroyed because a completely different man may have a poor attitude and treat women badly, or yet another completely unrelated man raped someone else?

PrincessoftheSea · 27/01/2018 11:38

I welcome it. I agree there are not enough convictions in rape cases, but equally you cannot put innocent men behind bars.

UpABitLate · 27/01/2018 11:36

Can't find it now, sorry.

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AngryAttackKittens · 27/01/2018 11:34

(I am a Brit currently living overseas and wondering if I really want to move back with the way things are currently going. Person potentially stepping onto the tarmac at Heathrow = me.)

UpABitLate · 27/01/2018 11:34

Police forced are struggling with the increased numbers of reports as women are encouraged to come forward through a variety of mechanisms. They can't cope. One senior officer said on record that trying to cope with the volume was preventing them investigating other crimes, the implication was clear. I'll see if I can find it.

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AngryAttackKittens · 27/01/2018 11:33

No, I'm saying that the British government is making its contempt for women very clear. Nothing to do with immigrants.

UpABitLate · 27/01/2018 11:32

McTufty - yes that would be the hope.

I don't think that's going to be the result somehow. Especially given the focus on sex offences only - the message that sends is so clear, I think it must be deliberate. There's no way they didn't think about that.

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UpABitLate · 27/01/2018 11:31

Angry - most sex offences are carried out by, I think you are referring to immigrants? So, not immigrants.

This is far more beneficial for all of our home grown sex offenders.

I also (and this is a guess) think that home grown sex offenders are better at getting away with it for a variety of reasons but that's not really what this post is about.

I'd rather keep ideas about "what sort of men" are rapists out of this because frankly the answer is "any sort of men" and the sort of men who commit most sex offences in the UK are British.

John warboys, jimmy saville etc etc

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AngryAttackKittens · 27/01/2018 11:24

Oh FFS. They should just write "Welcome to the UK, if you're a woman you're a worthless piece of shit and we fully intend to make sure you realize that" on the tarmac at Heathrow at this rate.

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