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It's like Len Fairclough all over again. . . (13)

Informed_Debate's profile . Informed_Debate group posts

Lush_Life
Posted by Lush_Life on Fri 7 Oct 11, 4:19 PM to the Informed_Debate group.

I have heard on the wireless, that a Mr Kevin Webster, father of two and weatherfield based owner and manager of a garage / automotive workshop has been arrested, accused of being a child molester.

This is a serious accusation and if found guilty one would hope and expect he faces a long and difficult custodial prison sentence.

However, what if the accusations are false? Should the accused be given anonymity?

Replies

7 Oct 11, 4:31 PM
Shypeachybottom
UK, 20 mths
Lush_Life wrote:
(snip) However, what if the accusations are false? Should the accused be given anonymity?

Absolutely. At the point of being arrested, and at the point of being charged, and at the point of being held in prison prior to trial, and up until the end of the trial, the accused person should be entitled to anonymity so that the presumption of innocence - supposedly a keystone of our legal system - can actually be effective and so that any jury pool is not contaminated by the sensationalist media reporting that will undoubtedly occur

Once someone's name is out, and in particular for things like child molestation or rape, the person's reputation simply cannot recover 100% even if the charges are dropped or they are acquitted by a jury because there will always be some people who think "no smoke without fire"

I would add that similarly, victims should *also* be entitled to anonymity, because it may make it easier for them to get over whatever ordeal they have been through.

There's a somebody I'm longing to see, I hope that he turns out to be, someone to watch over me
I'm a little lamb who's lost in the wood, I know I could always be good, to one who'll watch over me (Ella Fitzgerald)

8 Oct 11, 2:09 AM
AnEnglishMaster
UK(ME), 5 yrs
LondonShyGirl wrote:
Lush_Life wrote:
(snip) However, what if the accusations are false? Should the accused be given anonymity?

Absolutely. At the point of being arrested, and at the point of being charged, and at the point of being held in prison prior to trial, and up until the end of the trial, the accused person should be entitled to anonymity so that the presumption of innocence................

I would add that similarly, victims should *also* be entitled to anonymity, because it may make it easier for them to get over whatever ordeal they have been through.

Absolutely. And, after the trial, the identity of the "loser" should be published. If the accused is found guilty, justice being "seen to be done" means their name needs to be released.

And, in the interests of justice, it is also true that anybody bringing a mischievous or malicious accusation should be exposed for what they are too.

It CANNOT be right that someone who can falsely cry rape (for example), and attempt to besmirch the reputation of an innocent person in ways which would affect the rest of their life, should have their identity concealed.

A rapist MUST be convicted, and not have his name withheld (after his conviction). But there are too many instances of women claiming rape when it wasn't (perhaps because they feel rejected, or have boyfriends already, or all the other reasons that have emerged as motives recently), and feeling they can "get away" with a false condemnation of another.

To pre-empt anybody wilfully misinterpreting what I say; rape is an awful crime. Far too many women feel inhibited about reporting it. It can NEVER be excused.

But it can also never be excused for a woman to attempt to ruin an innocent man.

Keep the identities private - until the truth emerges. Then let the names be known and the consequences happen.

English

"It may be that your sole purpose in life is to serve as a warning to others" - Anon

8 Oct 11, 2:23 AM
Doghouse_Reilly
UK(MK), 6 yrs

Loads of people talk about the supposed many false accusations, but I seldom see much evidence for that. I mean there are some, obviously, but if you look at the number of convictions for wasting police time and/or perjury pertaining to that particular crime there's not a hell of a lot. Given how easy it is to get away with rape in this country the last thing that ought to be happening is the police telling victims who come to them, "If we can't secure a conviction, you're going to prison."

But in general, I think victims and accused ought to have anonymity. Maybe now the press don't have so much power that sort of idea has a chance of being enacted, since you can bet it's the gutter press that would have opposed it most.

The object of persecution is persecution. The object of torture is torture. The object of power is power.

8 Oct 11, 9:58 AM
Badg1Vo
UK(B), 6 yrs
AnEnglishMaster wrote:
LondonShyGirl wrote:
Lush_Life wrote:
(snip) However, what if the accusations are false? Should the accused be given anonymity?

Absolutely. At the point of being arrested, and at the point of being charged, and at the point of being held in prison prior to trial, and up until the end of the trial, the accused person should be entitled to anonymity so that the presumption of innocence................

I would add that similarly, victims should *also* be entitled to anonymity, because it may make it easier for them to get over whatever ordeal they have been through.

Absolutely. And, after the trial, the identity of the "loser" should be published. If the accused is found guilty, justice being "seen to be done" means their name needs to be released.

And, in the interests of justice, it is also true that anybody bringing a mischievous or malicious accusation should be exposed for what they are too.

It CANNOT be right that someone who can falsely cry rape (for example), and attempt to besmirch the reputation of an innocent person in ways which would affect the rest of their life, should have their identity concealed.

A rapist MUST be convicted, and not have his name withheld (after his conviction). But there are too many instances of women claiming rape when it wasn't (perhaps because they feel rejected, or have boyfriends already, or all the other reasons that have emerged as motives recently), and feeling they can "get away" with a false condemnation of another.

To pre-empt anybody wilfully misinterpreting what I say; rape is an awful crime. Far too many women feel inhibited about reporting it. It can NEVER be excused.

But it can also never be excused for a woman to attempt to ruin an innocent man.

Keep the identities private - until the truth emerges. Then let the names be known and the consequences happen.

English

Does "the truth" emerge from a single trial, unless there is a guilty verdict that is then not appealed?.

Talking in general terms, rather than about any particular case:

A verdict of guilty is clear enough, name the convicted party.

A verdict of "not guilty" doesn't mean one can conclude any of:

  • a) the accused was innocent (the verdict is "not guilty", rather than "found innocent"),
  • b) the accused got away with it, and was guilty but it wasn't "found" / proven (O.K. It is going to be one of a) or b) ; but which?, so leading to not being able to conclude:
  • c) "the accuser was lying", if the accused was found "not guilty".

If the accuser was suspected of lying, then an investigation should follow, and if need be then a prosecution for perjury / wasting police time. Once any and all proceedings have concluded, at that stage all parties have had "due process", and then any guilty party should have their name and transgression revealed?

8 Oct 11, 12:30 PM
tom_tom
UK(PO), 7 yrs

There was a Select Committee report on anonymity - http://www.publications.parliament.uk/pa/cm20020...

Their conclusion was:

We therefore recommend that the reporting restriction, which currently preserves the anonymity of complainants of sexual offences, be extended to persons accused of those offences. We suggest, however, that the anonymity of the accused be protected only for a limited period between allegation and charge. In our view, this strikes an appropriate balance between the need to protect potentially innocent suspects from damaging publicity and the wider public interest in retaining free and full reporting of criminal proceedings.

I'd agree with that.

I'm not a robot, I'm a unicorn.

8 Oct 11, 1:03 PM
emark
UK, 9 yrs
AnEnglishMaster wrote:
Absolutely. And, after the trial, the identity of the "loser" should be published. If the accused is found guilty, justice being "seen to be done" means their name needs to be released.
I agree with anonymity for people being accused.

But being found not guilty doesn't mean that the accuser is therefore guilty of false accusations - the standard of proof is beyond reasonable doubt, so it's possible that there isn't enough proof either way.

If someone is accused of false accusations, then I believe they too should get anonymity, which would end if found guilty.

And, in the interests of justice, it is also true that anybody bringing a mischievous or malicious accusation should be exposed for what they are too.
After found guilty at a trial, I hope you mean.

Sign the Consenting Adult Action Network's statement

8 Oct 11, 1:03 PM
Attitude_Adjuster
UK(N), 6 yrs

Badg1Vo wrote:

A verdict of guilty is clear enough, name the convicted party.

A verdict of "not guilty" doesn't mean one can conclude any of:

  • a) the accused was innocent (the verdict is "not guilty", rather than "found innocent"),
  • b) the accused got away with it, and was guilty but it wasn't "found" / proven (O.K. It is going to be one of a) or b) ; but which?, so leading to not being able to conclude:
  • c) "the accuser was lying", if the accused was found "not guilty".

I'd say there is 4th one too. The person does genuinely feel aggrieved, but the accused is found not-guilty on account of having reasonable belief consent was present.

But yes, the long and the short of it is that a not-guilty verdict doesn't make a malicious accuser.

The other thing in this debate is that we all assume 'anonimity' is actually a real concept. In a rape situation, there needs to be an investigation - that generally involves the police arresting people and asking questions of third parties. You can prevent the papers publishing, but you can't protect someone's social network circulating information - which is I suspect where the real harm is done.

And all men kill the thing they love, By all let this be heard, Some do it with a bitter look, Some with a flattering word, The coward does it with a kiss, The brave man with a sword!

8 Oct 11, 2:00 PM
emark
UK, 9 yrs
Ethics_Gradient wrote:
I'd say there is 4th one too. The person does genuinely feel aggrieved, but the accused is found not-guilty on account of having reasonable belief consent was present.
Yes, I very much agree with this as a possibility.

The other thing in this debate is that we all assume 'anonimity' is actually a real concept. In a rape situation, there needs to be an investigation - that generally involves the police arresting people and asking questions of third parties. You can prevent the papers publishing, but you can't protect someone's social network circulating information - which is I suspect where the real harm is done.
But I think being published in the papers still does a lot of harm - it's something that allows complete strangers to harrass you, or will be found by your coworkers or future potential employers. Even if someone can still tell their friends on Twitter, it's still a big difference if the local newspaper can't tell everyone who lives near you, and the Daily Mail can't tell millions.

Sign the Consenting Adult Action Network's statement

8 Oct 11, 2:01 PM
emark
UK, 9 yrs
I don't know, first they tried to pin "extreme porn" on Kevin Webster, now they're after him with something else!

Sign the Consenting Adult Action Network's statement

8 Oct 11, 2:13 PM
Rigour
UK, 21 mths

AnEnglishMaster wrote:

Keep the identities private - until the truth emerges. Then let the names be known and the consequences happen.

English

A trial verdict does not equal the truth.

More hedonism NOW

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