Thursday, June 17, 2010

The Latest on EDM-105

Please go to the following, at the False Rape Strike Force blog:

http://littlewhiterapelies.blogspot.com/search/label/edm150

There you will learn the latest about our campaign to combat the Early Day Motion in Parliament, which seeks to block anonymity for rape defendants.

To all UK readers, please think seriously about getting involved in the British Isles phase of this business.

My next installment will discuss the international phase.

2 Comments:

Anonymous Scott R said...

I have already gotten involved, interesting reply from fiona mcctaggart ( mp for slough ) Dear Mr Robertson,

Thank you for copying me in on your email about anonymity in rape trials

I took the trouble to look up the only reference you had for someone saying his life had been damaged by a false accusation of rape.

The proposal to grant anonymity to men accused of rape would not have helped to reduce the distress he was caused, which was a result of being remanded when he was innocent. The things he complains of would have been exactly the same had he been anonymous. The point that story raises is whether we have too low a barrier to remand before trial.

There are reputable academic studies of the incidence of false allegation, such as Kelly et al in 2005. They estimate a possible or probable incidence of 3% of reports being false. Baroness Stern whose report you cite states that police and the CPS consider there are “very few” false allegations.

It is true that there are some people who believe that accused people are ipso facto guilty but we know that this is not true and that the purpose of a trial is to determine guilt or innocence. A job for all of us is to make sure in the interests of justice that the great maxim, innocent until proven guilty is given wider respect.

There is no other area of criminal law where the accused is granted anonymity, except in a handful of child abuse cases where identifying the accused would lead to the victim being identified. And yet other areas of law, like child abuse do also cause massive reputational damage and often depend on evidence from the victim alone to secure a conviction.

It is an important principle of British law that as far as possible the criminal justice process should be a public one, both because public justice helps to build confidence in the justice system and also because we know that especially in crimes of violence knowledge that someone has been tried for an offence can help other victims to identify them if they have committed the same crime elsewhere. When that principle is compromised it is compromised to protect the victim. I think that is the right balance to strike.

Yours sincerely



Fiona Mactaggart MP


Its amazing, when they want to they seem keen on using the " all rape is violent " when the rest of the time they are keen on using any other definition as well.

7:00 AM  
Blogger Fidelbogen said...

@ScottR:

Thank you very much for sharing that response from Fiona McTaggart. Now just think what it will be like for her (and the others) when/if hundreds of such mails are pouring in! ;)

Thanks also for reminding me that I need to get busy again with this project, and post the "international" action phase!

9:10 PM  

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