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Feminism: Sex and gender discussions

A bit of good news - 'strangled' wife overturns claims she libelled husband.

35 replies

truthisarevolutionaryact · 03/04/2019 12:47

www.mailonsunday.co.uk/news/article-6881123/Woman-51-WINS-supreme-court-fight-accused-libelling-ex-husband.html

She was supported by the brilliant Harriet Wistrich / Centre for Women'd Justice.

Flowers for her.

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RepealTheGRA · 05/04/2019 07:33

Oh that’s cheered me right up RedToothBrush Thankyou!

SonicVersusGynaephobia · 05/04/2019 07:30

RedToothBrush thank you for that.

RedToothBrush · 04/04/2019 19:59

It certainly seems to.

truthisarevolutionaryact · 04/04/2019 19:56

RedToothBrush*
Excellent post! This ruling has a range of implications doesn't it?

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Bluestitch · 04/04/2019 17:48

Thank you Perking.

RedToothBrush · 04/04/2019 16:52

On that note, what would people commonly understand as 'single sex' if they were staying in hospital for example?

Theres a law suit waiting to happen there. What is a reasonable expectation?

RedToothBrush · 04/04/2019 16:50

I saw on the news that the Supreme Court said that the high court was ‘overly reliant on the dictionary definition of words’ does that have implications elsewhere?

Posted this on another thread, I'm not concerned about this paragraph due to what else was said in the ruling.

rightsinfo.org/stocker-v-stocker-is-a-victory-for-domestic-abuse-survivors/
Rights info have run a story on this today

I note the following from the article:
This is the first time that the Supreme Court has ruled on the manner in which people write and read social media posts.

It is clear from their ruling that social media posts are not to be treated in the same way as, for example, a traditional newspaper article.

The Court was critical of the approach taken in the lower courts, which had “failed to conduct a realistic exploration of how the ordinary reader of the Facebook post would have understood it.”

In the ruling, Lord Kerr insisted that context was always key – especially when it comes to social media.

“The fact that this was a Facebook post is critical. The advent of the 21st century has brought with it a new class of reader: the social media user,” he wrote.

“The judge tasked with deciding how a Facebook post or a tweet on Twitter would be interpreted by a social media user must keep in mind the way in which such posting and tweets are made and read.”

This is a significant and reassuring development. The Supreme Court’s approach to the realities of communication in an age of social media is not entirely without its flaws, but it ought to be lauded nonetheless.

Their judgment is not only a victory for the victims and survivors of domestic abuse but a victory for freedom of speech online.

Thus if a dictionary definition also happens to be the most commonly understood definition in common language usage, a dictionary definition would still be important.

This is why resisting language bastardisation and the growth of euphemisms is highly important.

What is the common use language for cutting off male genitalia?

PerkingFaintly · 04/04/2019 16:40

Bluestitch you did excellent work for us with your live coverage on the previous thread.

It must have been hard to watch.

SonicVersusGynaephobia · 04/04/2019 12:15

He has to pay her legal costs too. Even better.

MenuPlant · 03/04/2019 23:08

Great news. Previous judgment was troubling.

SonicVersusGynaephobia · 03/04/2019 21:38

So pleased to read this.

The Supreme Court looks to be making some very sensible decisions under Lady Hale.

Mumminmum · 03/04/2019 19:42

But the new partner is still with him. What an idiot!

BlackeyedGruesome · 03/04/2019 18:56

Great news

truthisarevolutionaryact · 03/04/2019 18:26

Well he's shown everyone precisely who he is - and it's not a good look!

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jay55 · 03/04/2019 16:23

Absolutely ridiculous that this went so far. So glad for the sanity ruling.

Carowiththegoodhair · 03/04/2019 16:08

Fantastic news. Well done to all involved. Just chilling. That poor woman has not only had to cope with an abusive man physically harming her, but then attempting to use the law as a form of harassment for punishing her for telling the truth.

Great that the ruling went as it should have done, but outrageous that she had to be put through years of hell.

Ereshkigal · 03/04/2019 16:02

Was so pleased to see this earlier.

Bluestitch · 03/04/2019 14:14

This is great news! I watched the hearing live and have been looking out for the result. The judges seemed very unimpressed with the arguments from the ex's barrister so I was hopeful this would be the ruling, but very pleased to see it confirmed.

PerkingFaintly · 03/04/2019 13:49

From the reported comments, it looks like she won on two points.

First, that the previous judge, Mr Justice Mitting, erred in law in using just the dictionary definition.

And secondly, that the things already proven about the husband were enough to establish him as a "dangerous and disreputable man", and therefore it was not a libel to say other things that portrayed him as such (hope I've expressed that correctly).

Kerr added: “It is beyond dispute that Mr Stocker grasped his wife by the throat so tightly as to leave red marks on her neck visible to police officers two hours after the attack on her took place.

“It is not disputed that he breached a non-molestation order. Nor has it been asserted that he did not utter threats to Mrs Stocker. Many would consider these to be sufficient to establish that he was a dangerous and disreputable man, which is the justification which Mrs Stocker sought to establish.

“… Even if all all her allegations were considered not to have been established to the letter, there is more than enough to satisfy the provision in section 5 of the 1952 [Defamation] Act that her defence of justification should not fail by reason only that the truth of every charge is not proved, having regard to the truth of what has been proved.”
www.theguardian.com/law/2019/apr/03/womans-strangle-facebook-post-not-libellous-say-judges

BernardBlacksWineIcelolly · 03/04/2019 13:47

This is great news, and reassuring that there is sanity in some situations

Ineedacupofteadesperately · 03/04/2019 13:43

Abusive men don't like women talking, because it hampers their ability to be abusive to more women.

The fact there were multiple women with a very similar story of abuse was part of the reason Cosby was eventually convicted. It was part of why #metoo was so important - can anyone really say that they seriously think Weinstein was innocent now? Especially when you have women with their own financial means and nothing to gain who spoke out like Gwyneth Paltrow and Angelina Jolie.

It is very concerning that the law courts too often are used by abusive men with money to silence women, this needs sunlight. It also needs courageous women like Ms Stocker being willing to turn their lives upside down even when they've escaped their abuser and to continue to receive abuse through the courts for years. This needs to change.

PerkingFaintly · 03/04/2019 13:42

That's excellent news!

misscockerspaniel · 03/04/2019 13:39

This is great news, I am so pleased for her.

More good news below
www.gov.uk/government/news/access-to-compensation-scheme-for-victims-who-lived-with-their-attacker

MNSDKHheroines · 03/04/2019 13:39

Good news indeed.

Ineedacupofteadesperately · 03/04/2019 13:38

I was really particularly pleased that the newspaper report included this quote from Ms Stocker (who is an amazing woman):

'I think it highlights the danger that the courts are being used by men to continue an abusive process, whether it be in the family courts or through a libel court.'
'If they have got the money to do it, they will. It has been five years of my life that has been hell.'
'The emotional and financial damage that it does is huge.'