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Feminism: Sex and gender discussions

"If recording my own rape isn't enough evidence, what is?"

224 replies

ReallyAngryNow · 09/04/2019 19:17

www.eveningtelegraph.co.uk/fp/young-woman-who-recorded-herself-being-raped-by-her-ex-slams-his-acquittal/?fbclid=IwAR0wquQcg11GhrXG2mR0zdeqXrLsW6SaagR_zcTVE4pB5t90sK3At9fvQQs

NC for this because it’s in my local area and don’t want my other very outing posts linked together.

I’ve had enough of this shit. Seriously. What can we do? I feel like every day we read about rapists and abusers walking free, and very rarely hear about them ever being punished.

OP posts:
AverageMan · 10/04/2019 13:45

Jessica, the jury are meant to be impartial. If you fill the bench with state funded professionsls then you may just skip the trial altogether. There has to be fairness.

Rufusthebewilderedreindeer · 10/04/2019 13:53

Are you now saying professionals are not impartial?
So if there was no jury and just a judge that would be unfair...

ilovemilton · 10/04/2019 14:03

I recorded my ex husband assaulting me on the doorstep and it was thrown out of court as no evidence.

Calledyoulastnightfromglasgow · 10/04/2019 14:06

Agreed about juries not being acquitted. And excellent defence solicitors no doubt directing them

This is appalling

justasking111 · 10/04/2019 14:06

Amber Heard used video evidence against Johnny Depp I wonder if that was acceptable in court?

Rufusthebewilderedreindeer · 10/04/2019 14:06

Sorry to hear that ilove

Sorry for everyone who has posted their dreadful stories on here Flowers

JessicaWakefieldSV · 10/04/2019 14:11

If you fill the bench with state funded professionsls then you may just skip the trial altogether.

How ridiculous. So you think ordinary people are not biased but professionals are. That is silliness.

JessicaWakefieldSV · 10/04/2019 14:12

ilovemilton sorry Flowers

JessicaWakefieldSV · 10/04/2019 14:12

justasking111- they didn’t go to court

LassOfFyvie · 10/04/2019 15:15

So if there was no jury and just a judge that would be unfair...

The vast majority of criminal cases in Scotland are heard before a sheriff only with no jury. Rape is one of the few which has to go to a High Court jury trial.

LassOfFyvie · 10/04/2019 15:31

Are you now saying professionals are not impartial?

The law already assumes that for certain professions. I can't sit on a jury.

Rufusthebewilderedreindeer · 10/04/2019 15:34

Is that cos youre a lawyer lass

Are you a lawyer....have i made that up?

Or solicitor...legal bod at any rate

AverageMan · 10/04/2019 15:47

If they are employed by the state, or in any way connected to the state, then their judgement would be called into question.

RiddleyW · 10/04/2019 15:58

Solicitors can be jurors - not sure if Lass is another legal professional.

RiddleyW · 10/04/2019 15:59

Sorry should say I’m talking about England - doubtless other jurisdictions vary.

butteryellow · 10/04/2019 16:01

Do we need some kind of card to carry or a register - like an organ donor card, to say that under no circumstances do I or would I ever consent to violent sex?

Like you can register to 'do not resuscitate' I would register that I blanket do not ever consent to being strangled or beaten or role-playing rape.

Black and white, ahead of time. So that when I again tell them in court, I can point back and say look, I said this, I signed this, in front of a notary, it agrees with what I'm saying now. Convict the bastard.

AssassinatedBeauty · 10/04/2019 16:13

Even then butteryellow I think that the "she changed her mind" defence would still play out well for these men.

Imnobody4 · 10/04/2019 17:19

Averageman
Trials without a jury are already allowed.

The Lord Chief Justice, Lord Judge, made legal history by agreeing to allow the trial to be heard by a judge alone.

It is the first time the power has been used since it came into force in 2007.

The case concerns four men accused of an armed robbery at Heathrow Airport in 2004. The judge said jury "tampering" was a "very significant" danger.

Hearhere · 10/04/2019 17:28

I recorded my ex husband assaulting me on the doorstep and it was thrown out of court as no evidence
that's just awful for you, I'm so sorry.

However, afaik, recording someone with out their permission is not legal and so for related reasons the recording wouldn't be allowed to count as evidence - as counter-intuitive as that sounds on the face of it.
Am I onto something there?

XXcstatic · 10/04/2019 17:45

recording someone with out their permission is not legal

A myth. It's legal in E&W in most circumstances. It is not always admissible in court.

LassOfFyvie · 10/04/2019 17:54

Solicitors can be jurors - not sure if Lass is another legal professional

Solicitors, advocates and a whole host of people connected with the legal system, prisons, police , court administration and social work system, including the Children's Panel are ineligible to serve on a jury in Scotland. They remain ineligible for at least 5 and in some cases 10 years after they retire.

Imnobody4 · 10/04/2019 17:54

Lass
I can't find any professional exemptions to jury service except armed forces with letter from commanding officer. Is this just in Scotland?

Rufusthebewilderedreindeer · 10/04/2019 18:01

I did jury service once

Two cases, on one case one of the jury members was truly dense

And on the other one member didnt seem to realise the guilty/ not guilty bit hinged on one fact

LassOfFyvie · 10/04/2019 18:05

www.scotcourts.gov.uk/coming-to-court/jurors

Contains a pdf link to eligibility and exclusion. Everyone in group A is disqualified; everyone in group B is ineligible and every one in group C has the right to be excused.

LassOfFyvie · 10/04/2019 18:21

I can't find any professional exemptions to jury service except armed forces with letter from commanding officer. Is this just in Scotland?

No, Northern Ireland has broadly the same ineligible and excusal as of right categories as Scotland.

The Scottish and Northern Irish excusals as of right are basically anyone in any branch of medicine, dentistry, veterinary, religious orders, any armed forces, members of any parliamentary body. NI excusals covers teaching as well.