Rape Victims Told To Hand Over Mobile Phones Or See Attackers Walk Free.

[Deskdiary]

Thoughts?

https://www.telegraph.co.uk/news/2019/04/28/rape-victims-told-hand-mobile-phones-see-attackers-walk-free/

I don't like the banner headline - the use of the word "attackers" suggests guilt has been decided before a trial: 'Accused' would have been a more appropriate word to use....but that's by the by.

I completely understand Olivia's point of view when she states "My phone documents many of the most personal moments in my life and the thought of strangers combing through it, to try to use it against me, makes me feel like I'm being violated once again." BUT, what if buried within those personal moments reveals messages that confirms the innocence of the accused?

On balance this seems like a good idea as (hopefully) it will stop the pernicious false accusations that can ruin the lives of those falsely accused.

[dannyk13]

ymb I was asking in relation to the no phone no prosecution statement.

[spathiphyllum]

i'm not sure how rape has anything to do with prior communications, discussions and plans sexual or not. If in the moment it wasn't wanted or she changed her mind, she has that right for it to stop or not happen at all. As does a man.

[spathiphyllum]

"Not sure that this is a good idea, as it says in the link,it might deter some rape victims reporting it."

Exactly danny, i agree. it also gives a man (or woman) the opportunity to rape a person and get away with it, simply because they sexted the night before or what not so they have evidence of intimate relations.

[JF85]

Doesn't a rape conviction require proof that one person had unlawful sexual intercourse with another against their will? A single piece of evidence is rarely enough to secure a conviction.

I am speaking, though, about invasion of privacy to prove a point that is not in dispute. The police are asking for seizure of mobiles and access to social media in case it later becomes relevant. I am suggesting that the police should do the same for people alleging other crimes on the same grounds. The example I chose was burglary. In my defence I could claim that the accuser sold me the TV. Allowing time for my accuser to dispose of any evidence is against the interests of justice.

[spathiphyllum]

"I think a lot of men are falsely accused. "

Naomi, you may think that but it's not actually the case. Less than 1% of rape reports are false allegations against a male.

[tamborine]

2 decades of mobile phone records? She is lucky.

[spathiphyllum]

my 1% was suppose to be 10%, could someone change it?

[spathiphyllum]

and Naomi when there is a fake rape allegation (rare) it gets sooooo much attention, over the top media reports etc.. So we hear of it more.

[Prudie]

10% is a huge amount in the context of what it can do to the life of an innocent though accused. Would we accept 10% as an acceptable tolerance in other areas?

[spathiphyllum]

that's 10% globally... BTW.

[spathiphyllum]

"Every 98 seconds, someone in the United States is sexually assaulted. 1 in 6 women is the victim of attempted or completed rape. 7 in 10 rapes are committed by someone the victim knows, a statistic which is even higher if the victim is a minor."

This is such an issue, the small % of fake reports are still worth looking deeply into.

https://dinahsvoice.org/lets-talk-about-shark-attacks

[naomi24]

10% is 10% too many.

[spathiphyllum]

well maybe if the 90% could stop raping people then we could live in a world where we don't have to second guess if someone is telling the truth.. because more times than not, if something is 90% the case, you'll assume it's always the case.

[andy-hughes]

calmck - // In a way women have bought this upon themselves by the actions of some accusers. //

It's that kind of thinking that makes women reluctant to report rapes in the first place!

[naomi24]

spath, examining potential evidence may prevent at least some of that 10% from being wrongly convicted.

[youngmafbog]

But unfortunately it is true AH.

I wonder what your take would be if you were caught as one of the 10$ Spath?

This is really not a problem, and it should help stop the false allegations and then increase the % reported long term.

[hereIam]

What utter tripe that women have brought this on themselves because a small minority of women will accuse a man of rape out of spite or malice or whatever warped reason!! Once again, the majority have to pay the price because of the MINORITY !! It must be one of the worse things in the world (if not the worse) to be brutally raped and not believed. The women who accuse men falsely are the lowest of the low and now because of them ALL women have to pay the price ..

[ummmm]

The accused have their phones and laptops/PC confiscated, so why not the victim? They can prove quite a lot.

[spathiphyllum]

you guys are being foolish. You're implying the phone convo will indicate if it was rape or not? What if in the moment she changed her mind?

The mobile is NOT evidence.

[JF85]

What would be on the accuser's mobile that is not on the accused's?

Purely a fishing exercise.