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Feminism: Sex and gender discussions

Rape cases dropped if victims refuse to hand over phones

80 replies

Dervel · 23/07/2019 07:26

www.google.co.uk/amp/s/www.bbc.co.uk/news/amp/uk-49072302

How did anyone get convicted before the advent of phones? This is such an egregious violation of a right to privacy.

OP posts:
Grasspigeons · 23/07/2019 08:46

This happens with domestic violence too. My friend and her son had to give their phones to the police when they fled to a refuge at the other end of the country. It was to help secure a conviction but there was a sense that if they didnt nothing would be done. So then they were vulnerable and unable to contact people like friends or her own mum.

arranbubonicplague · 23/07/2019 08:41

There also have to be limits on just how much evidence can be extracted.

Deleted images from your cloud many years back - not on. Deeply traumatised victims are being asked for their phones with nobody telling them just how much data will be recovered or extracted and that it will be handed over to the defence in the discovery process.

It's to the point where victims need the guidance of a privacy advocate to advised them on how much evidence can be extracted and the time frame.

Dervel · 23/07/2019 08:37

I think leaving it up to the survivor is the key point, if they choose to and evidence helps secure a conviction great, but nothing whatsoever should be inferred from a reluctance to hand over the phone. Also in the article I linked they reference how phone evidence was used to exonerate a falsely accused man. However quite why the evidence was not on his own phone confuses me?

OP posts:
Erythronium · 23/07/2019 08:02

Victims' diaries used to be used as evidence in rape trials, so this is more of the same.

Predatory rapists are being allowed to walk free because the police want to persecute victims.

Lockheart · 23/07/2019 07:58

I'm on the fence. Evidence from phones has both secured convictions and exonerated defendants in the past. So I can see why it can provide essential evidence.

That said, we need to improve the system whereby evidence is extracted. It's horrendously unfair to keep someone's phone for months. There must be sufficient resources to extract evidence in under a week or less.

Asking how we convicted people before the advent of phones, well often we didn't. And nowadays so many people live their lives on their phones.

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