the bear
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http://www.telegraph.co.uk/news/2018...-police-force/

surely the police should examine the phone/computer/social media of the complainants as a matter of course ?

smh
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FriendlyPenguin
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#2
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Mr Mears, who was arrested weeks just weeks after celebrating his 17th birthday, decided to leave oxford as a result of the strain he was under and to concentrate on proving his innocence. The alleged incident had taken place at a large house party in his hometown.

The college said he would be welcomed back. A St Hugh’s College spokesman said: “It was the student’s choice to suspend his studies. Students who suspend their studies can make the choice whether to come back or not.”
Sounds like he intermitted because of the stress.

False rape accusations - and false accusations in general - wouldn't be so bad if it didn't take two entire years to go to court.

Why does it take that long if they don't actually bother to collect evidence?
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Napp
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(Original post by FriendlyPenguin)

False rape accusations - and false accusations in general - wouldn't be so bad if it didn't take two entire years to go to court.
I'm not sure saying 'wouldnt be so bad' is the best phrasing to use for something that can destroy peoples lives..
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FriendlyPenguin
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(Original post by Napp)
I'm not sure saying 'wouldnt be so bad' is the best phrasing to use for something that can destroy peoples lives..
2 years of the threat of jail, and 2 years of people shunning you because of the current 'guilty until proven innocent' climate when it comes to sexual assault is one of the reasons it destroys lives - along with, of course, the fact that their names are released.
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Napp
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(Original post by FriendlyPenguin)
2 years of the threat of jail, and 2 years of people shunning you because of the current 'guilty until proven innocent' climate when it comes to sexual assault is one of the reasons it destroys lives - along with, of course, the fact that their names are released.
I'm aware. I was making the point that your phrasing implies that it isnt all that bad if they were just a tad quicker.
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Just my opinion
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Feminist usually quote figures for false accusations in the region of 2%.
I presume this figure is the ones that have been proven liars.
So I assume this case won't show up in the 2% as neither will any of the several cases of withe held evidence in recent weeks.
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RF_PineMarten
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I'm wondering if this is going to start affecting cases where the accused was convicted and is currently in prison. If evidence has been withheld for a few cases currently going through the legal system, is there not a chance that it has been happening for longer, and some innocent people are currently in prison as convicted rapists?
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Just my opinion
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27th January.





All current rape cases to be 'urgently' reviewed over disclosure fears


Earlier this week, the BBC revealed the number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence had increased by 70% in the last two years.

http://www.bbc.co.uk/news/uk-42841346
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chazwomaq
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Does anyone else wonder whether the current spate of collapsed trials is all a result of this a couple of years back:

http://www.telegraph.co.uk/news/ukne...ape-rules.html


Men must prove a woman said 'Yes' under tough new rape rules


New guidance will be issued to all police forces and prosecutors as part of a 'toolkit' to move rape investigations into the 21st century...
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Good bloke
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(Original post by chazwomaq)
Does anyone else wonder whether the current spate of collapsed trials is all a result of this a couple of years back:
I don't. I think it goes back to the policy of the police always accepting a complainant's account as true when a rape is reported. It is discussed here:

https://thesecretbarrister.com/2016/...lieve-victims/

This says, in part (quoting from The Guardian):

In 2002, the Met said officers should “accept allegations made by the victim in the first instance as being truthful”. A report in 2005 called for a “culture of belief, support and respect”. In 2014, Her Majesty’s Inspector of Constabulary said: “The presumption that a victim should always be believed should be institutionalised.” A complaint of sexual abuse must now be recorded immediately as a crime.

It is only a small step from that attitude to ignoring exculpating evidence or not bothering to look for it, and another one to hiding it when it is found.

As an aside, the fact that the word 'victim' is used from the off, rather than the neutral 'complainant' tells an important story.
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VGM
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I wonder what sort of events need to take place to end this.
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chazwomaq
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(Original post by Good bloke)
I think it goes back to the policy of the police always accepting a complainant's account as true when a rape is reported. It is discussed here:

https://thesecretbarrister.com/2016/...lieve-victims/
I was just wondering about the timing - these all seem to be cases from the past couple of years, just when Saunders made her announcement. Social media (and the policy you mention) have been around a lot longer. But it could be a combination - they're sort of similar lines of thinking.
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Good bloke
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#13
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(Original post by chazwomaq)
I was just wondering about the timing - these all seem to be cases from the past couple of years, just when Saunders made her announcement. Social media (and the policy you mention) have been around a lot longer. But it could be a combination - they're sort of similar lines of thinking.
I think a propensity to see an opportunity for revenge or to harass resulting from the 'believe them' doctrine would take some time to develop enough to become visible to the public. That requires several high profile cases, which seem to take quite some time to reach court even after the incident has been sparked.
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