V792 - Prosecution of False and Malicious Allegations of Rape (Second Reading) Watch

Poll: Should this bill be passed into law?
As many are of the opinion, Aye (26)
63.41%
On the contrary, No (9)
21.95%
Abstain (6)
14.63%
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Birchington
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V792 - 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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thehistorybore
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That Bearded Man
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(Original post by thehistorybore)
.......are you ready kids?
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StatusRed
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Let's keep it as a large fine rather than a large fine as well as a relatively long prison sentence.
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Aph
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nay, people will be scared to come forward.
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jenhasdreams
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Nay, rape is already massively under reported as people (not just women) are scared to come forward, I would not want this already low conviction rate to decrease.

Why should lying about this be treated any differently to any other act of perjury?
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thehistorybore
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(Original post by That Bearded Man)
.......are you ready kids?
Aye aye Captain!
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Unown Uzer
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(Original post by thehistorybore)
Aye aye Captain!
I can't hear you!
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thehistorybore
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(Original post by unown uzer)
i can't hear you!
aye aye captain!
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That Bearded Man
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#10
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#10
(Original post by thehistorybore)
aye aye captain!
Oooooooooooooooo
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thehistorybore
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(Original post by that bearded man)
oooooooooooooooo
who lives in a pineapple under the sea?
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RayApparently
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#12
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There are serious negative consequences here that I think a lot of right honourable members have forgotten in their zeal to punish the guilty.
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Saracen's Fez
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cranbrook_aspie tmpearce99
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Birchington
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Ayes to the right: 26
Noes to the left: 9
Abstain: 6

The Ayes have it! The Ayes have it. Unlock.

Turnout: 82%
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