[Marsh.]

Originally Posted by Livia

This is all hypothetical, Marshy so I can't comment like it's a real case... but maybe she might say that she didn't know the man, or that she hadn't had contact with him, or that she didn't know where he would be that night and the phone records show that's not true, maybe she stalks his Facebook page... I don't know. All I know is that, it's not a great idea, but it is an idea... and it might stop an innocent man serving time for a rape he didn't commit. If there was no evidence of that kind of thing happening, then there would be no need for anyone's phone to be taken.

I would say in a situation where the accused is arguing an alibi that he does know her or that she's stalking him then offering his own phone/records/evidence etc would suffice. Then once they've got enough for actual suspicion of her allegations they could take her phone?

But, that's where I think the old way is actually better. Whereby the police only gett access to something when given reason to do so whilst investigating the case.

The victim handing over her phone on the off chance she's lying (to save time and money?) just seems unnecessary to me.