Re: Rape charge anonymity pledge dropped.


On 28/07/2010 15:25, Jo Lonergan wrote:
On Tue, 27 Jul 2010 19:20:27 +0100, Gareth <me@xxxxxxxxxxx> wrote:


On 26/07/2010 21:30, Jethro wrote:
On 26 July, 21:20, Rad <r...@xxxxxxx> wrote:
On Mon, 26 Jul 2010 16:01:29 +0100, Frederick Williams wrote:
I never understood the pre-charge anonymity business: if I tell you
someone's name who's to say that he won't be charged with rape tomorrow.

Anyway, let's hope that accusers loose their right to anonymity as well,
but I suppose there's no chance of that happening.

I hope not. Just because a defendant is found not guilty doesn't mean
their accuser did so falsely.

I agree. However, I would like to see the cases (and we know they
happen) where women *do* make false allegations, and are found guilty
of doing so, punished much more severely.

Personally I would be happy if the tariff was made the same as the
accused stood to serve if the deception had not been discovered. But
I'm sure someone will tell me why I'm wrong.

That seems fair to me for a malicious false allegation. Perhaps a
lesser sentence would be appropriate where a story had been made up by
an attention seeking person who didn't intend for anyone to be punished
for the non-existent crime. I also think the sentence should be reduced
significantly if the false accuser comes clean sooner rather than later
so that there is a strong incentive to do the right thing.

What happens when a woman really believes she has been raped, but the man
convinces the jury that he believed she wanted a bit of rough? Should she go to
jail?

In my opinion, No certainly not. For the false accuser to be convicted
it would have to be proved beyond reasonable doubt that she deliberately
mislead the court.


.

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