B792 - Prosecution of False and Malicious Allegations of Rape (Second Reading) Watch

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Birchington
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B792 - Prosecution of False and Malicious Allegations of Rape (Second Reading), TSR Conservative Party



PROSECUTION OF FALSE AND MALICIOUS ALLEGATIONS OF RAPE BILL 2015
A Bill to make provision for the prosecution of false and malicious allegations of rape.
BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

1. DEFINITIONS
(1) 'Rape' shall be as defined in 1(1) of the Sexual Offences Act 2003.
(2) 'Malicious intent' shall refer to an accusation made to deliberately damage, defame or criminalise a former defendant for personal gain or satisfaction.

2. PROSECUTING FALSE ACCUSATIONS OF RAPE
(1) If it is seen that a complainant has made a false accusation against the defendant in a preceding rape trial, during which the defendant was found to be not guilty, with deliberate malicious intent, it shall be the duty of the Crown Prosecution Service to open a new trial.
(2) The ruling upon whether 'prosecution with malicious intent' has been committed shall be subject to the discretion of the judiciary.
(3) If the complainant of the former case is found to be guilty of such an offence against the former defendant, they shall be subject to;
(4) Custody not exceeding four years and a fine greater than £5,000, but not exceeding £10,000.
(5) Any appeals to prosecutions upon this ground are subject to the usual appeals process, in accordance with the Appeal Act 1968.

3. COMMENCEMENT, SHORT TITLE AND EXTENT.
(1) This Act may be cited as the False Accusations of Rape Bill 2015.
(2) This Act shall extend to the entire United Kingdom; and
(3) Shall come into force immediately following Royal Assent.


Notes
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Whilst Hon. Members have argued that Britain is experiencing a 'rape culture', that does not only refer to committing the crime. Previous false accusations of rape were charged under 'wasting police time' or 'contempt of court' , making the guidelines by which offenders are prosecuted to be hazy at best. This Bill will clarify the position of the judiciary for prosecuting these offences.

Changes for Second Reading
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2(1) Has been amended so that the judiciary has no role in opening a new trial, it is instead the responsibility of the CPS
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orange crush
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Four years is too short, IMO.


The sentence should be the same as the accused would have received had they actually committed the rape.
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Saracen's Fez
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Aye.

orange crush raises an interesting point though, and certainly one worth considering where the accusation is malicious.
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Green_Pink
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Why does this need separate legislation to any other false criminal allegations?
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Jean-Luc Picard
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Nay.
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orange crush
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(Original post by Green_Pink)
Why does this need separate legislation to any other false criminal allegations?
The feminists are always telling us rape is as serious as any crime, so if that's to be the case, given the circumstances (ie Rape is usually the complainants word against the defendant's), their must be harsh penalties for those who cry rape purely to get someone they don't like locked up.

(Original post by Jean-Luc Picard)
Nay.
Why not? Do you think people should just be allowed to cry rape at will and get whoever they want locked up?
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Jammy Duel
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As before, aye, aye, a million times, aye.

Posted from TSR Mobile
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orange crush
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(Original post by Jean-Luc Picard)
yes, why not, might teach a few men some manners.
Unsurprising that a green would hold these disgusting views, tbh.


Be interesting to see how you like it next time your missus gets out the wrong side of the bed and you end up with a 20-stint.
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Green_Pink
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(Original post by orange crush)
The feminists are always telling us rape is as serious as any crime, so if that's to be the case, given the circumstances (ie Rape is usually the complainants word against the defendant's), their must be harsh penalties for those who cry rape purely to get someone they don't like locked up.



Why not? Do you think people should just be allowed to cry rape at will and get whoever they want locked up?
I still fail to see why their needs to be specfic legislation to deal with false rape allegations, as opposed to false allegations of other crimes.
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The 1920s chick
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I am a feminist and rape doesn't only happen to women (1)
Regardless of whether that's a man or a woman, if the claiming is false, they deserve equal punishment they can get. (2)
Rape is a serious crime and most goes unreported however so is faking that someone raped someone else for selfish means. (3)
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Jean-Luc Picard
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(Original post by orange crush)
Unsurprising that a green would hold these disgusting views, tbh.


Be interesting to see how you like it next time your missus gets out the wrong side of the bed and you end up with a 20-stint.
oh darn, and I just got out on bail from the last time she did it as well.

oh well, stabby steve offered to hook me up with some cocaine so why not.
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orange crush
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(Original post by Green_Pink)
I still fail to see why their needs to be specfic legislation to deal with false rape allegations, as opposed to false allegations of other crimes.
Because rape is hard to disprove.

(Original post by The 1920s chick)
I am a feminist and rape doesn't only happen to women (1)
Regardless of whether that's a man or a woman, if the claiming is false, they deserve equal punishment they can get. (2)
Rape is a serious crime and most goes unreported however so is faking that someone raped someone else for selfish means. (3)
This.
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Green_Pink
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(Original post by orange crush)
Because rape is hard to disprove.



This.
Hence you're innocent till proven guilty.
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JoeL1994
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(Original post by orange crush)
The sentence should be the same as the accused would have received had they actually committed the rape.
I'd very much like to see this suggestion added to the bill, but the bill has my support anyway.
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Wellzi
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Aye, though I echo orange crush
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Kittiara
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I'm a bit concerned that "with malicious intent" may be difficult to prove/disprove, and that this may deter people from coming forward when they have been raped. However, I agree with the principle.
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DanE1998
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Abstaining
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bnzss
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https://en.wikipedia.org/wiki/Perver...rse_of_justice
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thehistorybore
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(Original post by JoeL1994)
I'd very much like to see this suggestion added to the bill, but the bill has my support anyway.
This point was discussed internally, but we were trying to strike a balance between punishing people and not deterring people from making genuine complaints. It was agreed that giving any greater sentence could harm conviction rates.
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thehistorybore
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(Original post by Green_Pink)
I still fail to see why their needs to be specfic legislation to deal with false rape allegations, as opposed to false allegations of other crimes.
Currently, the charge for such an offence would be 'perverting the course of justice', which as other members have said, carries a life sentence. The bill is intended to clarify the law on this matter, providing clear guidelines for prosecution, in order to prevent sentencing that is too harsh. The bill also shows the government's intent to crack down on such offences.
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