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Petitions and activism

Petition for ban on use of victim's past sexual history in rape cases

57 replies

MostlyHet · 18/10/2016 17:08

petition here

There's a thread in feminism, but I thought I'd try to bring it to a wider audience. (Not my petition btw, but I think it's a very good idea).

OP posts:

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worldsworstchildren · 19/10/2016 08:04

I've tried to sign three times but coming next up with error message after I've filled the form in

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BeyondReasonablyDoubts · 19/10/2016 08:48

I read that of the rape cases that get to court, half make an application for exception, and a third of those succeed. (I think I have remembered those numbers correctly). Does that meet your definition of 'rare' Japab?

It is well known that men often ejaculate when raped. Would you allow former partners to testify that 'John' always hums Yankee Doodle when he does so? Does that prove he was a willing participant?

Over 4000 now

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venusinscorpio · 19/10/2016 08:57

Do you have a link for that beyond? Would be great to have something to quote at people.

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BeyondReasonablyDoubts · 19/10/2016 08:59

I can't remember where I saw it, but I'll have a look

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venusinscorpio · 19/10/2016 09:19

And yes, the climbing frame case mentioned in the Evans appeal doc shows how an irrelevant, absurd detail can be admitted as grounds to suggest or support a reasonable doubt as to consent (and conveniently gets the victim's salacious kinky sex life details in by the back door).

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Debinaround · 19/10/2016 09:34

4355 signatures now.

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PortiaCastis · 19/10/2016 09:41

Dr Philip Lee is the Parliamentary under Secretary of State for victims youth and justice.
I have e- mailed him and got a reply from his PPS asking for my home address so he could personally answer my concerns on this matter
Email: [email protected]. If anyone wants to fire off an email
Have also signed and shared the petition

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Debinaround · 19/10/2016 13:47

Bump. Over 6000 signatures now.

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BeyondReasonablyDoubts · 19/10/2016 15:40

Over 7000 :)

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PortiaCastis · 19/10/2016 18:25

Bump

8323 now

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PortiaCastis · 19/10/2016 18:57

This is from Womens Aid

www.womensaid.org.uk/chedevanstrial/

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JAPAB · 19/10/2016 19:09

BeyondReasonablyDoubts It is well known that men often ejaculate when raped. Would you allow former partners to testify that 'John' always hums Yankee Doodle when he does so? Does that prove he was a willing participant?

No as apart from anything else, humming a song at the end means nothing in terms of whether the accused could have reasonably believed him to be consenting during the during.

Can we not get into specific hypotheticals though. Like the defence of diminished responsibility, sometimes it is a legitimate and valid defence, and sometimes there are mickey-takers. I agreed as I've said that if this possible defence is being abused and legislation misinterpreted and so on, then this problem needs to be addressed of course.

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venusinscorpio · 19/10/2016 19:29

No JAPAB, I think we should get into specifics. Because sometimes it is that absurd. In the climbing frame case used as case law to justify the section 41 application in the Evans case, the detail of the alleged rape being in a climbing frame like earlier consensual sex had been was given as evidence which had a bearing on whether the later sex was consensual or at least to support reasonable doubt.

Why? Why should having consensual sex in a climbing frame at one time mean in any way that you are less likely to have been raped in one by the same person three weeks later or that your denial of consent is less credible? Perhaps it's the rapist that has a climbing frame fetish, rather than the victim?