Evidence in rape trials

[wordtothewise]

Don't want to derail other threads so will ask here.

Man and women go home together or are in a relationship. Women accuses man of rape, he can be placed at the scene.

Assume she is telling the truth.

What evidence can the man provide to prove his innocence ?

This is one reason why people are assumed innocent until proven guilty. Proving your innocence can be impossible.

But its a bit of a red herring. In real life, the standard of proof needed to get a guilty verdict is so ridiculously high that its extremely difficult to get a prosecution.
Not only that but a jury might acquit a defendant for reasons other than the facts presented in court. For example, she isn't a credible witness because she didn't scream, or he says believed he had consent.

There are good reasons to say its time to replace the jury with a panel of experts in rape and sexual assault trials.

The man does not have to prove his innocence. The Crown has to prove his guilt beyond all reasonable doubt.

But appealing to anything other than what the women says happened on the night in question is pretty much to be accused of indulging in "rape myths". So it is reduced to being what can a man produce to demonstrate he is telling the truth about that night ?

Stop being disingenuous
In that situation there would be no case to answer as there is no evidence of anything happening other than he said/she said

Show me a case where this kind of thing has gone to court with no other evidence and I might engage. Otherwise stop building paranoid male straw people.

I realise that ALass, but there appears to be some suggestion that this system is no good and should be changed.

I'm interested to hear what evidence a man could present to persuade some on here he was not guilty if a woman says he is ?

You've missed out all of the problems with rape trials and juries, the way evidence is collected and presented, and the way the victim is cross examined.

The system is no good and needs to be changed, it isn't working for anyone. But that doesnt mean its going to be replaced by just believing the complainant.

Stop being so disengenous.

To give a real life example if the case of Eleanor de Freitas had ever come to court as a rape charge the circumstances around that (particularly their going shopping together in Ann Summers the next day) are such that in the "he said/she said" situation he would be believed.

Word, you seem to be unable (from your posts on the other thread) to be able to distinguish between a situation where consensual sex was had, and a situation where a woman was fucked by four men until she was left bruised and bleeding from her vagina. This is a situation many women (I gather you are a man) find it hard to believe could have been consensual.

Not really a "he said/ she said" situation at all.

www.google.co.uk/amp/s/www.edinburghnews.scotsman.com/news/crime/woman-lied-to-police-over-rape-1-3720289

Example of women's v man's word enough for arrest and charge etc.

I recall that in the de freitas case it being suggested by feminists that the evidence you cite above as being of no relevance and infact another "rape myth" to suggest a rape victim would not go Anne summers the next day etc.

So this is an example of the the kind of evidence that many posters on here do not deem persuasive. Which is why I ask - what actually would be ?

www.edinburghnews.scotsman.com/news/crime/woman-lied-to-police-over-rape-1-3720289

I imagine his case was hardly helped by his lying to the police when they first spoke to him.

A case where she then admitted lying and got prosecuted herself? That shows due legal process working....

Exactly. I'm guessing when he was questioned he lied about anything happening at all. Clearly a taxi driver raping a passenger is at 100 on the scale of bad things where 100 is the worst.

A taxi driver having concensual sex with a passenger he has never met before, so far as his licence conditions and suitability to be a taxi-driver, is at the level where he should not hold a taxi licence. It might not be a criminal offence but it falls far short of acceptable behaviour.

There are good reasons to say its time to replace the jury with a panel of experts in rape and sexual assault trials.

Yes, this would make things much 'better' I think. And I cannot see what anyone would have against that solution tbh, unless they think that jurors believing rape myths is a good thing. I doubt the (probably male) general population would go for it though, excuses would be along the lines of 'why a special panel for rape and not other crimes' and such. However, maybe a panel of experts could be used for all serious trials. Got to be better than it basically being joe public who decides on someones life.

We had two cases locally where the police badgered the rape victim into recanting and then charged her with a crime for which she was found guilty.
In both cases when the serial rapist was finally caught and the trophy evidence clearly demonstrated that the women had been telling the truth the police refunded the fine, though they were unable to refund the jail time.
They are not quite as eager to charge victims as they were, but they still do because zombie lies never die.

Sigh. So sick of threads like this. Why, when you have just seen a case where there was loads of incriminating evidence, result in an acquittal, would you start getting all worked up about false accusations? Why aren’t you worried about allegations for other crimes?

Also woman= singular and women= plural

What if the women had texts saying “it was rape why did you do that to me” and the man said sorry and then continued manipulate his way around the situation. Is that as good as a confession? Hypothetically.

Susan you're right of course. Going off their posts on the longer thread OP is a raving misogynist. Unfortunately it's very hard to see the shit they post and not challenge it. Also they're a "just within talk guidelines" raving misogynist so hard to get the thread actually deleted.

But you really have to wonder about someone who can read the words of the defendants and take their side.

Yup Hairy and OP obviously enjoys getting kicks from trolling a feminist chat room where many posters will be sexual abuse survivors.

Fuck off OP. Why don’t you write to the CPS if you’re so concerned about the way rape cases are prosecuted?