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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that people accused of rape should be given anonymity until proven guilty?

268 replies

DaleyBump · 15/09/2013 18:41

Controversial.

I don't mean to start a bunfight, honest! Am I the only one that thinks that people accused of rape should be given the same anonymity as the rape victims until they've been proven guilty? By all means, once they've been found guilty, feed them to the dogs but being accused of rape publicly and then being found not guilty still has a major effect on someone's life.

I'm not saying rape victims should be outed at any point, by the way.

OP posts:
SabrinaMulhollandJjones · 16/09/2013 00:52

Techno - are you having a fucking laugh? Saville went to his grave without being tried for a single crime. Despite the fact that the accused are currently named and victims currently anonymous. Countless victims came forward at the time - they weren't believed. Giving the accused anonymity just adds to the myth that accusers are liars - ie because the law believes that the accused need 'special' protection -and will lead to yet more victims not being believed.

Andro · 16/09/2013 00:54

namechangeforareasonablereason - an urban myth that the accused and their families are vulnerable? I'm sorry namechange, I have to disagree with you there, just as the victim and there family can be wrecked (and I remember one of your previous thread about your family's awful experience) so can the family of someone who has been accused - it may not happen often but it has left me uneasy.

You will also not that I think there ought to be a legally enforceable ban on the accused identifying the victim at any point (with charges if they don't abide by the law)

FloraFox · 16/09/2013 00:56

Pan you said We try cases individually, not as a 'pack'. Juries convict on the evidence of cases before them without other associated instances. so you clearly don't understand the "system".

Can you answer my question?

EldritchCleavage · 16/09/2013 00:58

You will also not that I think there ought to be a legally enforceable ban on the accused identifying the victim at any point (with charges if they don't abide by the law)

There is. But as with any law, the police and CPS have to be prepared to investigate and prosecute.

SabrinaMulhollandJjones · 16/09/2013 00:59

I think that the fact jimmy Seville evaded justice for his whole life - despite being reported many times - should serve as reassurance for those that think that anyone can just walk into a police station and accuse anyone of rape willy nilly. After all - you have to get the police to believe you first - no mean feat.

namechangeforareasonablereason · 16/09/2013 01:00

you cannot legally enforce against rumour and gossip, in theory its called witness intimidation and is illegal, even after the trial, in practise it is meaningless

Pan · 16/09/2013 01:02

No Flora, you don't understand the system whatsoever - judges and juries cannot and should not arrive at decisions based on facts outside of guilt beyond reasonable doubt in particular evidences presented - we don't operate a system based on innuendo. This should not be news just in for you?

FloraFox · 16/09/2013 01:04

Techno It's likely that there aren't many wrongly accused criminals, relative to successfully charged ones but IMHO the risk is too great

A woman who is raped has a 94% chance of not receiving justice = a rapist has a 94% chance of escaping justice.

A man accused of rape has a 6 - 8% chance of being a victim of a false accusation.

You think the risk is too great that a falsely accused man (6 - 8%) may face some societal disapproval such that it justifies increasing the number of women who are raped and do not receive justice to a number greater than 94%? Your priorities are very evident.

namechangeforareasonablereason · 16/09/2013 01:05

Its not even about them believing you, its about evidence and lack of it and then the public interest test and how strong a case there has to be for them to even consider prosecuting.

These false allegations everyone keeps talking about - I wonder how many of them actually get to trial, of the minuscule amount there are, a tiny, tiny, tiny percentage, he said, she said, usually doesn't make it to court.

And of course every rapist and abuser says the allegations are false.

SabrinaMulhollandJjones · 16/09/2013 01:05

Stop it pan.

kali110 · 16/09/2013 01:05

Andro that was my point too. There may be only few accused who are innocent but their life is ruined and their families. Their families are innocent.
I dont think there will ever be a way round this that will help either side.

namechangeforareasonablereason · 16/09/2013 01:06

And I keep saying, I have heard our story a million times, from a million people, we are not unique - this is the last taboo.

And now I really have to go to sleep.

namechangeforareasonablereason · 16/09/2013 01:08

Well one last post, EVERYONE who stands by an abuser, who makes excuses, lies and covers up for them, who doesn't believe and in some cases who do believe and lie anyway.

Anyone who normalises rape and abuse by turning a blind eye, by turning on a victim.

These people are not innocent, they are also to blame.

And i really am going to bed now.

Pan · 16/09/2013 01:10

No, you stop it sabrina, whatever 'it' is.Hmm ??

SabrinaMulhollandJjones · 16/09/2013 01:11

It's horrible namechange. The police have believed my friend from the word go - but even they (and her counsellor) have warned her of the low chance of conviction. And if not convicted, then this bastard will get contact with the children again Angry the whole system is shite - and the problem is not a lack of anonymity for the accused.

SabrinaMulhollandJjones · 16/09/2013 01:12

No you stop it pan.

Creeping · 16/09/2013 01:15

YABU. Why would a suspect of a sex crime be treated differently to any other crime?

Apart from that, it would only feed/support/corroborate the rape myths. And the rape myths are the cause of the poor reporting and conviction rates.

YABU

FloraFox · 16/09/2013 01:15

Pan I don't know where you live. If you are in Scotland, please familiarise yourself with the Moorov doctrine. If you are in England, please familiarise yourself with the principles of similar fact evidence and bad character evidence.

This is not innuendo but corroborative evidence.

Would you like to answer my question about anonymity?

DaleyBump · 16/09/2013 01:23

Creeping maybe you would like to read my previous comment.

OP posts:
kali110 · 16/09/2013 01:27

Yes ofcourse they are innocent but so are the famiies of people who are wrongly accused. Already been one poster who wrote on this thread about someone who was wrongly accused.they are all victims.
Dont think anybody on here will say anybody should have any sympathy for the abusers. As for people who lie for them, that makes them just as bad and guilty imo.

StuntGirl · 16/09/2013 01:54

YABU.

In cases such as rape corroborative evidence from the many other victims who often come forward is the only thing that secures the conviction.

It is very sad in any crime when someone is falsely accused. Not to go all nerdy on you, but "The needs of the many outweigh the needs of the few". Our system is not perfect, but it's better than the alternative.

PresidentServalan · 16/09/2013 07:18

I think everyone accused of a crime should have the right to anonymity. As should the victims. Every time that someone who is accused and charged with sex offences is acquitted etc the mud still sticks.

Uptheairymountain · 16/09/2013 07:19

YABU. Suspects for all other types of crimes are named, often for public safety, so why make a special case for those accused of rape?

DuelingFanjo · 16/09/2013 10:47

"I think that the people who call for anonimity for the accused for this one specific crime, do so because they believe that women and girls routinely lie about rape."

this ^

limitedperiodonly · 16/09/2013 11:22

YABU for various arguments posters have already outlined better than I could.

I just want to comment on the hypocrisy of the newspapers and their readers who whip up this campaign every time every time someone is acquitted in a high profile rape case.

It's lucky that alleged rapists get named, otherwise all those papers currently weeping for Michael Le Vell's ruined reputation wouldn't have been able to publish all the evidence about his drinking and shagging which did so much to ruin it.

And their readers wouldn't have been able to wallow in it.

And is the outraged Philip Schofield the same person who accidentally angled some notes with Lord McAlpine's name on them towards the camera on This Morning?

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