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    (Original post by tehforum)
    lol

    talk to me about it then
    You mean why do I feel it's unfair? Or were you being rhetorical?

    I was raped, it resulted in pregnancy. My rapist as father of my older daughter has been granted not just contact with her but the right to dictate where I am allowed to live which due to where I have to live restricts my career and earning prospects. All because he has rights in the eyes of the law. I have been ordered to do the contact handovers in person so I have to face my rapist and his family in person. Then when they made death threats against me and my family I was told nothing could be done legally or I would be breaking the law by denying them the right to free speech.
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    (Original post by MostUncivilised)
    It's not just about fairness, it's about certainty. There are a few blatantly illogical precedents in English law, but they tend to then be distinguished so that they don't have to be followed (Junior Books v Veitchi, being an example).

    Alternatively, the law reform commission examines precedents and makes recommendations to parliament to pass a law to remedy the problem (statute will always override the common law). A perfect example of this is the Contracts (Rights of Third Parties) Act 1999.

    If you have a particular example of a judgement you think unfair, please cite it, otherwise it's rather difficult to know what you're referring to.
    With regards to precedence, it wasn't a decision in general. I was just harking back to my old days of A Level Law, and the comments of the law being an "ass" but having to follow it even when it is.

    It was more about the way that the Supreme Court Justices rule, and although I do agree that many of the issues ruled on are philosphical, I shudder when the highest judge begins making comments about how "untested" gay marriage is and how it "may" have negative effects on society based on a flawed interpretation of a single study
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    (Original post by shonaT)
    Then when they made death threats against me and my family I was told nothing could be done legally or I would be breaking the law by denying them the right to free speech.
    Who told you that?
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    (Original post by shonaT)
    You mean why do I feel it's unfair? Or were you being rhetorical?

    I was raped, it resulted in pregnancy. My rapist as father of my older daughter has been granted not just contact with her but the right to dictate where I am allowed to live which due to where I have to live restricts my career and earning prospects. All because he has rights in the eyes of the law. I have been ordered to do the contact handovers in person so I have to face my rapist and his family in person. Then when they made death threats against me and my family I was told nothing could be done legally or I would be breaking the law by denying them the right to free speech.
    I'd like to know who told you that as well, because this beggars belief, and I really wouldn't want to accuse you of anything.

    That being said, I find a judge dictating where you have to live highly unlikely, due to the fact that I know many divorced couples who moved with their children overseas. (Please correct me if I'm wrong)
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    (Original post by MostUncivilised)
    Who told you that?
    My solicitor.
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    (Original post by shonaT)
    My solicitor.
    might want to get a new one
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    (Original post by dgeorge)
    I disagree, and i think to some extent that the attitude that "well the legal system can't be fixed from it's inherent flaws" is a big part of the reason why it HASN'T been fixed.

    Not picking on you in particular though
    I didn't mean like that........laws can be changed, reformed, etc
    The issue occurs, when applying the law to different cases which causes the difference in the outcome of the judgement, etc. The laws would become very very complicated and full of red tape if they exactly told them what to do when and even then mistakes would occur. And again as laws are, there could be loopholes or other issues.
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    (Original post by shonaT)
    My solicitor.
    Either you misunderstood, or they need to be reported to the Law Society and Solicitors Regulation Authority.

    Death threats are most certainly always illegal.
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    (Original post by shonaT)
    You mean why do I feel it's unfair? Or were you being rhetorical?

    I was raped, it resulted in pregnancy. My rapist as father of my older daughter has been granted not just contact with her
    Did you report the rape to the police? I'm curious because I find it very puzzling... usually rapist are not granted access.
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    (Original post by MostUncivilised)
    Did you report the rape to the police? I'm curious because I find it very puzzling... usually rapist are not granted access.
    I didn't go through with prosecution, too scared of backlash. Yes judges can restrict where you live. They can rule that you cannot remove the child from the area where their family are (eg from their father). Yes people do move abroad but the other parent either has to agree to it or at very least not apply to the courts to have an order preventing the move. I can move obviously but would have to leave my daughter behind with him and that's not happening.
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    (Original post by shonaT)
    I didn't go through with prosecution, too scared of backlash. Yes judges can restrict where you live. They can rule that you cannot remove the child from the area where their family are (eg from their father).
    I sympathise with your situation, but I sincerely believe that you can't really blame the judicial system. From their perspective, he hasn't committed any crime against you; this is a very unfortunate consequence of not proceeding with the charge.

    It is, I'm afraid to say, not unfair that a father who hasn't been convicted of rape will have normal visitation.

    There is no statute of limitations for rape, and for the benefit of your daughter and yourself, not having to live under threat from a rapist, you should make a complaint with the police and proceed with the prosecution. The alternative is living the rest of your life with a rapist, and your child growing up with a rapist for a parent.
 
 
 
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