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Michael Le Vell is INNOCENT - should unconvicted men get anonymity in rape cases?

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Alleged victims of rape are given anonymity partly due to the nature of the shame involved in the crime. Equally there is shame for the alleged rapist. If you acknowledge the special nature of the crime for the alleged victim, you should acknowledge the special nature of the crime for the alleged rapist. It should be anonymity for both parties until conviction.
Reply 61
Original post by Steezy
They seem to be doing OK. I think most people realised they weren't guilty.

I think the phone evidence played a part in the trial luckily.


kk
Original post by MatureStudent36
She gave an inconsistent version of events by all accounts. That does lead one to believe that something wasn't right. However, you are right. She can't be called a liar for that.

But if she were anonymous then people could say what they like with out fear of her being branded for life.


I'm not talking so much about the case itself but the assumption many people made automatically that because a not guilty verdict was passed that the whole thing should now be turned and the spotlight should be focused on the accuser. As if somehow a not guilty verdict automatically means she was lying.
I would maybe like to see a system where names are published, but not offences.

It might be a middle ground so that the media can't ruin their reputation as effectively, but it could still allow other victims or witnesses to approach the police.
Original post by thunder_chunky
I'm not talking so much about the case itself but the assumption many people made automatically that because a not guilty verdict was passed that the whole thing should now be turned and the spotlight should be focused on the accuser. As if somehow a not guilty verdict automatically means she was lying.



That's why I like the guilty, not guilty and not proven.

English law doesn't have that option but scots law does.

I don't know if she lied. So its a hard call tto make. She may have. But that's why I think that these things should remain anonymous.
Original post by Dude Where's My Username
Feminists have been giving this argument for yonks and still claim rape convictions are low in comparison to other serious crimes. It doesn't work. All it does is ruin the lives of innocent men. What needs to be promoted and pushed more is that a rape crime is reported as soon as the crime is committed so the evidence is still there. Why are rape victims waiting for an attacker to appear in the press before they say something? Why are they being told to report it there and then???

If people wait till long after the evidence has disappeared to report it, how are the courts meant to differentiate between a genuine rape victim and an evil lying harpie with a vendetta against the man she is falsely accusing??

Basically, the principle of dealing with this crimes needs to change. Humiliating and ruining the lives of 10 innocent men in the hope one of them is guilty is wrong. Anonymity should be a basic human right until they are found guilty.


I wasn't just talking about rape- I think it's a valid argument for all crimes. I was under the impression that the anonymity this thread is proposing would be for all crimes, as well...surely the whole thing about ruining someone's life applies just as well to, say, a murder case? (not so much for less serious crimes, perhaps). I really don't know why you're making this about feminism- rape is a crime, and should not fall under different rules. If you admit that rape convictions are low, I fail to see how giving anonymity is going to make that any better...it may not have completely solved the problem, but surely it can't be making things worse. Possibly fast reporting is the best solution, but i don't think it has anything to do with the discussion in hand...that needs better awareness of it's necessity, and provisions put in place to try and reassure recent rape victims, who presumamably find it very hard to go to the police straight away after a traumatic experience? Finally, Where are you getting the 1 in 10 figure from? according to google, 58% of rape cases lead to a conviction- more than the average for al crime, which is 57%.
Do the accusers have a legal right to anonymity? Only because you do see cases in the media where the woman has been named and shamed for false accusation - how did this happen?
Original post by ScouseEmma28
Do the accusers have a legal right to anonymity? Only because you do see cases in the media where the woman has been named and shamed for false accusation - how did this happen?
Accusers have legal right to anonymity for life whether the accused is found guilty or not. Le Vell is in an unenviable position now. Hes not guilty but you only have to see what people are posting here and on other sites to see the damage it is continuing to do him. It is mostly the very people who say that men shouldn't have anonymity that go on to insinuate that he got away with it. He could never sue the woman for defamation so his only hope of ending this and putting it behind him is if she admits that it was a lie that got out of hand, or some such, which is very unlikely if it was the case as she would then undoubtedly do time.
(edited 10 years ago)
This is a difficult one but it is very important for both the accused and the victim that the name of the accused is public.

Think of the countries which have secret systems where their families never know what has happened to them. They just disappear. This used to happen here of course and that is why it was decided that justice needs to be carried out in public not in secret - for the benefit of the accused.

Bringing evidence that supports the victim's case is important and equally important is the bringing forward of evidence eg alibi evidence, that supports the accused. Arguably it is equally or more important that an innocent person is not convicted than that a guilty one goes free.

Neither can be sure to happen if no one knows the name of the accused until they are convicted.

It is surely better that they be found innocent after a public trial and an opportunity for people to come forward than that they are found guilty because no one knew they were accused and so couldn't defend them.

To allow the prosecution only to know what the accused are accused of, but not their family, friends or any others who could provide evidence is not going to help them,

Many people who have been wrongly convicted have been convicted precisely because vital evidence was not found in time. The police are professionals seeking evidence to present to the CPS to prosecute. The defence needs publicity to counter this. There have been many cases where the police knew things which would have helped the defence but they didn't declare them in court.
Original post by pickup
This is a difficult one but it is very important for both the accused and the victim that the name of the accused is public.

Think of the countries which have secret systems where their families never know what has happened to them. They just disappear. This used to happen here of course and that is why it was decided that justice needs to be carried out in public not in secret - for the benefit of the accused.

Bringing evidence that supports the victim's case is important and equally important is the bringing forward of evidence eg alibi evidence, that supports the accused. Arguably it is equally or more important that an innocent person is not convicted than that a guilty one goes free.

Neither can be sure to happen if no one knows the name of the accused until they are convicted.

It is surely better that they be found innocent after a public trial and an opportunity for people to come forward than that they are found guilty because no one knew they were accused and so couldn't defend them.

To allow the prosecution only to know what the accused are accused of, but not their family, friends or any others who could provide evidence is not going to help them,

Many people who have been wrongly convicted have been convicted precisely because vital evidence was not found in time. The police are professionals seeking evidence to present to the CPS to prosecute. The defence needs publicity to counter this. There have been many cases where the police knew things which would have helped the defence but they didn't declare them in court.

I don't think anyone is suggesting that, all that's being suggested is that their identity not be publicised.
Original post by incipientT
I don't think anyone is suggesting that, all that's being suggested is that their identity not be publicised.


But if their identity is not publicised how are people to know that they have some crucial piece of evidence ? You can't know eg that you were in the pub with them at the time of the alleged crime unless you know who it is who is accused.

Just knowing some one or other is accused doesn't help one bit.
Original post by pickup
But if their identity is not publicised how are people to know that they have some crucial piece of evidence ? You can't know eg that you were in the pub with them at the time of the alleged crime unless you know who it is who is accused.

Just knowing some one or other is accused doesn't help one bit.

You could apply exactly the same argument to the victim, who does currently have anonymity.
Reply 72
No, because it will stop other victims from coming forward.
Original post by alexmagpie
I would maybe like to see a system where names are published, but not offences.

It might be a middle ground so that the media can't ruin their reputation as effectively, but it could still allow other victims or witnesses to approach the police.


I'm a bit confused how that one would work. If it's the rape list then everybody on there would be classed as a rapist.

If it's another list ranging from non payment of council tax to rape, then anybody who's on that list for non payment of council tax would be accused of being a rapist.
Yes but the victim is not accused of a crime and at this stage does not risk their freedom.

It is above all the accused who at this stage has everything to gain from publicity if they are to get justice. It is to protect the accused that it is essential to have publicity.

I repeat, as soon as people accused of a crime are hidden from public view all sorts of miscarriages of justice will follow. We are talking secret trials here and this leads to all sorts of abuse.

For centuries people were prosecuted in secret under a system considered corrupt by many people even then. It has been a long fight to get the right to a trial in public. It is essential to protect the rights of an individual against the power of the state.

Our 'habeas corpus' provides for the accused to be brought to open court and their imprisonment to be challenged. How could it work if it was all secret and no one else was allowed to know that they were accused ?
a thousand times yes.
Reply 76
Original post by Law-Hopeful
Agree with vaguity above.
Also, what about unconvicted women? Do they not deserve anonymity too?


OP stated rape cases so wind your neck in Mr White Knight.
Reply 77
Innocent until proven otherwise!. A sexual allegation , whether true or not, can ruin someones reputation. I wonder what will happen to the girl for lying and wasting police time....probably bugger all!!

I voted yes in the poll
Original post by Annie72
Innocent until proven otherwise!. A sexual allegation , whether true or not, can ruin someones reputation. I wonder what will happen to the girl for lying and wasting police time....probably bugger all!!

I voted yes in the poll


Just because he was found not guilty doesn't necessarily mean the girl was lying. For someone to be convicted of any crime it must be proven beyond reasonable doubt which is obviously difficult in cases such as this. While I believe that once someone has been cleared in court that should be the end of the matter and they should be considered innocent, I still don't think it is helpful to assume that the accuser is lying either.

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