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Old 21-05-2010, 01:33 PM #1
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Default Male defendants may be granted anonymity in rape cases

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A radical reform of the rape laws would grant anonymity to male defendants.
Women who report to police that they have been raped have had their identities shielded for nearly 35 years.

But men accused of rape do not have similar protection, and some who are acquitted say their reputations have been ruined by false accusations.

The coalition's surprise rape reform pledge is contained in nine blunt words in its programme for government: 'We will extend anonymity in rape cases to defendants.'

But feminists, campaigners and conservative critics of the rape laws all protested that the anonymity offer will hinder justice and do little to help men unfairly accused of one of the most despised of crimes.

The aim of hiding the identity of defendants in rape cases was not contained in either the Tory or Lib-Dem election manifestos.

It was adopted as policy by a Liberal Democrat conference in 2006, but it has not been conspicuously championed by party leaders and has been described as a ' grassroots idea'.

Calls for anonymity for men are most often heard from defendants who are tried on accusations that turn out to be false or based on slender evidence.


Among them was 26-year-old chef Peter Bacon, who was cleared by a jury in just 45 minutes last year after being accused of rape by a lawyer following a drunken one-night stand. He has since changed his name and left the country.

The student pub worker said he had endured a nightmare during the 13 months from her accusation to his acquittal.

'Rapist. It's up there with paedophile, isn't it?' he said at the time.

'I'd say it is worse even than murder, because there can be circumstances where you can attempt to justify murder. Personally, I'd have preferred to be in that dock accused of murder than rape.'

The 1976 law which gave anonymity to women complainants did, for 12 years, also provide anonymity for defendants. But this was abolished in 1988 after judges told ministers that it ran against the interests of open justice and prevented police from appealing for witnesses to rape.

They said men accused of rape should be treated the same way as anyone else accused of a crime and that acquittal by a court was enough to restore a reputation.

In 2003, the then Home Secretary, David Blunkett, blocked an attempt to bring anonymity for rape defendants into his Criminal Justice Act.

Earlier this year a review of the rape laws commissioned by Labour's equality minister Harriet Harman from human rights campaigner Baroness Stern made no recommendation on anonymity for defendants.

The coalition proposal angered feminist pressure groups. The Fawcett-Society said it was worried that giving anonymity to rape defendants would tip justice and public opinion in their favour.

Campaigner Daisy Sands said: 'We are concerned that extending anonymity to defendants charged with rape, a provision not granted to defendants in other criminal cases, risks sending a message that those charged with rape deserve extra protection by the state.

Ruth Hall, of Women Against Rape, said the plan was an insult.
'If men accused of rape got special rights to anonymity, it would reinforce the misconception that lots of women who report rape are lying,' she said.
Last night a spokesman for the Ministry of Justice said: 'This is a sensitive area and careful analysis of the options and implications will be undertaken.'


Read more: http://www.dailymail.co.uk/news/arti...#ixzz0oZRNi8ZZ
Interesting decision by the coalition.
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Old 21-05-2010, 01:38 PM #2
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I think this is a good idea tbh as long as if they are found guilty the protection ends. Rape is a horrible, despicable crime but it is also a unforgivable and disgusting crime for a woman to falsely accuse a man of it. It can ruin that mans life even if he's proven innocent
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Old 21-05-2010, 01:38 PM #3
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I completely don't know about this one Shas - I was amazed then they took the youngist repists to court then the young lassie sais she made it up.

It is such a minefield what is true/not true children raping other children - or "playing"

What is your view?
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Old 21-05-2010, 01:47 PM #4
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I think its a good idea, if the rapist is guilty then when the verdict is announced the name will be fed to the press, and it does protect the innocent who have maliciously been accused, I know of two blokes up here who were falsely accused one lost his job because of the accusation and the girl who accused him got done with wasting police time, found guilty in court and she court a 200 quid caution(good behaviour bond) wreck someones life, pay 200 notes a year later if you been good get your money back.

Thing that worries me, is will be it be extended to people accused of paedophilia. Also if a person gets off on a legal technicality, he will be treated as being innocent therefore will have his anonymity guaranteed and people wouldnt know to be wary of him.
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Old 21-05-2010, 01:47 PM #5
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I agree with this, women who cry rape are the scum of the earth.
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Old 21-05-2010, 01:57 PM #6
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I agree with this, women who cry rape are the scum of the earth.
absolutely it can ruin lives, that kind of accusation never leaves someone and also It's making things more difficult for genuine cases
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Old 21-05-2010, 02:07 PM #7
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Originally Posted by Niamhxo View Post
absolutely it can ruin lives, that kind of accusation never leaves someone and also It's making things more difficult for genuine cases
Yeah, is it quite hard to prove rape? I mean isn't it basically one word against the other?
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Old 21-05-2010, 02:10 PM #8
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Yeah, is it quite hard to prove rape? I mean isn't it basically one word against the other?
well, thankfully I've never actually been in that situation so I couldn't say for sure but I presume there could be physical evidence if there was a struggle etc.
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Old 21-05-2010, 02:11 PM #9
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I think it's a fair idea but like Niamh said, if they are proven to be guilty then the protection should end. No need to drag someone through the dirt who could be innocent.
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Old 21-05-2010, 02:11 PM #10
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well, thankfully I've never actually been in that situation so I couldn't say for sure but I presume there could be physical evidence if there was a struggle etc.
Ahhhh yeah thats true.
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Old 21-05-2010, 02:12 PM #11
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Interesting decision by the coalition.
I find this a difficult one - and have mixed feelings!

Like many I think women who make false accusations - should be severely punished and their identities exposed - it is despicable behaviour!

And, whilst in theory at least, I agree male defendants should be entitled to anonymity until proven guilty - my concern is that many 'get-off' on technicalities and may not necessarily be innocent! Rape can be a hard offence to prove and, as such, many guilty offenders are acquited on lack of evidence - free to rape again with no-one being aware of their propensity to rape!

But at the same time - I feel for the poor men falsely accused! Can't make up my mind on this one!

Last edited by WOMBAI; 21-05-2010 at 02:18 PM.
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Old 21-05-2010, 02:19 PM #12
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I find this a difficult one - and have mixed feelings!

Like many I think women who make false accusations - should be severely punished and their identities exposed - it is despicable behaviour!

And, whilst in theory at least, I agree male defendants should be entitled to anonymity until proven guilty - my concern is that many 'get-off' on technicalities and may not necessarily be innocent! Rape can be a hard offence to prove and, as such, many guilty offenders are acquited on lack of evidence - free to rape again with no-one being aware of their propensity to rape!
And thats the problem with the proposed changes balancing out the people whose lives have been ruined because of fmalicious accusations or even wrongful prosecutions. Against the possibility of someone the public should be made aware of being allowed to walk free because of technicalities.

Hopefully the people that make the decision about anonymity will have access to proper information upon which to make a balanced and fair decision.
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Old 21-05-2010, 02:23 PM #13
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I find this a difficult one - and have mixed feelings!

Like many I think women who make false accusations - should be severely punished and their identities exposed - it is despicable behaviour!

And, whilst in theory at least, I agree male defendants should be entitled to anonymity until proven guilty - my concern is that many 'get-off' on technicalities and may not necessarily be innocent! Rape can be a hard offence to prove and, as such, many guilty offenders are acquited on lack of evidence - free to rape again with no-one being aware of their propensity to rape!
I guess it depends on what's more important, public awareness or protecting the innocent. Without anonymity people would automatically be wary of anyone accused rape guilty or not which means if someone did get away with it then it could make it harder for them to repeat it in future but the problem is that the innocent people get tarred with the same brush too. While WITH anonymity, innocents can get on with their lives but that could apply to the guilty who get away with it.

For me personally I'd say go with anonymity, The Law's flawed but it's not that flawed I doubt that many can get away with such a crime if they are guilty so you would be punishing more innocent people for the sake of punishing a few.
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Old 21-05-2010, 02:54 PM #14
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I guess it depends on what's more important, public awareness or protecting the innocent. Without anonymity people would automatically be wary of anyone accused rape guilty or not which means if someone did get away with it then it could make it harder for them to repeat it in future but the problem is that the innocent people get tarred with the same brush too. While WITH anonymity, innocents can get on with their lives but that could apply to the guilty who get away with it.

For me personally I'd say go with anonymity, The Law's flawed but it's not that flawed I doubt that many can get away with such a crime if they are guilty so you would be punishing more innocent people for the sake of punishing a few.
exactly, no matter what decision is made it's not going to be a perfect, flawless one, that's not possible.
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Old 21-05-2010, 02:55 PM #15
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Isn't it bad enough that the rape conviction rate in the UK is the lowest in Western Europe? Now rapists can get off even more lightly.
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Old 21-05-2010, 03:00 PM #16
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I would welcome it. Anyway, the identity of the possible rapist is usually whispered in their areas, so I don't think it would protect them on a community based level, but this would help him if he felt the need to relocate afterwards, you know? Gossip is just as bad as media exposure on one level, but at least it's localized.
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Old 21-05-2010, 05:37 PM #17
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It's surely a no brainer. Innocent till proven guilty isn't that how it's supposed to be in this country? So why shouldn't a man remain anonymous and not be pre-judged by the media? I would go further, and state that any woman proven to have falsely cried "rape" should not only face criminal charges but should routinely be ordered to pay massive compensation to the man whose life she tried to ruin. Such women are a disgrace since they discredit and deter genuine rape victims from coming forward.
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Old 21-05-2010, 05:45 PM #18
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^ I agree. Anonymous until proven guilty.
Stops innocent people having bad rep's put on them.
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Old 21-05-2010, 06:06 PM #19
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Isn't it bad enough that the rape conviction rate in the UK is the lowest in Western Europe? Now rapists can get off even more lightly.
what if an innocent man gets locked up 4 rape? WHAT THEN EH?
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Old 21-05-2010, 06:14 PM #20
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Isn't it bad enough that the rape conviction rate in the UK is the lowest in Western Europe? Now rapists can get off even more lightly.
Who's talking about rapists getting off even more lightly? This is a discussion about whether an man accused of such a dreadful crime is entitled to his anonymity until proven guilty? If the evidence points to his guilt then he should not be given a laughably light sentence, as is often handed down by out of touch judges.
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Old 21-05-2010, 06:49 PM #21
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what if an innocent man gets locked up 4 rape? WHAT THEN EH?
What if a guilty one is set free to rape again? What then eh?
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Old 21-05-2010, 06:57 PM #22
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What if a guilty one is set free to rape again? What then eh?
believe me if a man gets found 100% guilty i would kill the **** myself
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Old 21-05-2010, 07:01 PM #23
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believe me if a man gets found 100% guilty i would kill the **** myself
You have some very mixed-up morals!
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Old 21-05-2010, 07:10 PM #24
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You have some very mixed-up morals!
not really, what gives you tht idea?
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Old 21-05-2010, 07:18 PM #25
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not really, what gives you tht idea?
Eh - where do I start - you condone male promiscuity, lack of responsibilty and abandonment of their own children - even murder - but hate rapists!

Wouldn't give you tuppence for any of em!
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