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Thread: Should rape case defendants have anonymity?

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    Politics.ie Member cyberianpan's Avatar
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    Default Should rape case defendants have anonymity?

    The UK says yes
    Rape case defendants to be given anonymity - Times Online

    So.... do rape case defendants deserve anonymity ? How practical would such be in Ireland ?

    cYp
    "Yawn , am I alive yet ?"

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    Politics.ie Member Cruimh's Avatar
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    Interesting choice of words suggest why they should have anonymity.

    do rape case defendants deserve anonymity ?
    Presumption of guilt.

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    Perhaps all defendants should have such a right ? Look at how the press have 'condemned' many 'innocent' people such as Ian Bailey , the non convicted , suspect.

    It is tragic that that traditional 'pillars' of 'justice may need to be modified for the idiot masses of the 21st century .

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    Politics.ie Member Libero's Avatar
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    Quote Originally Posted by cyberianpan View Post
    The UK says yes
    Rape case defendants to be given anonymity - Times Online

    So.... do rape case defendants deserve anonymity ? How practical would such be in Ireland ?

    cYp
    Eh... it's already the case here. In camera trials are the norm for all sex offences, along with non-reporting by the media of a defendant's identity in case it enables identification of the victim. The victim can waive his/her anonymity, and that allows for identification of at least the convicted offender.

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    Politics.ie Member Sync's Avatar
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    As long as both parties involved were adults at the time of alleged offence, I don't think either the defendent or the complainent should be anonymous. By making adult complainants and defendents anonymous you do raise the chances of A: False allegations by the complainant as they won't be identified B: People who may have been assaulted by the defendent in the past won't come forward. A lot fo times rape cases fall apart because the police just can't find the guy. If you recognise a picture of a defendent you can call the police and proceed from there.

    I don't think we've ever seen a number on false allegations, because it's almost impossible to come up with. The prosecution losing a case doesn't mean the man or woman alledging offense was lying, it just means that there wasn't enough evidence to convict.
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    Politics.ie Member Libero's Avatar
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    Quote Originally Posted by Sync
    As long as both parties involved were adults at the time of alleged offence, I don't think either the defendent or the complainent should be anonymous. By making adult complainants and defendents anonymous you do raise the chances of A: False allegations by the complainant as they won't be identified B: People who may have been assaulted by the defendent in the past won't come forward.
    If an allegation is proven to be false, the complainant will be identified.

    More that that, what do you think will happen to the already not-that-high levels of reporting of sexual offences, if victims have to sit in open court and have their picture in the papers?

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    If you accept that those accused of rape should be anonymous to protect their reputation, why shouldn't it be extended to all crimes? To be falsely accused of rape or another sex offence would be terrible, but I'm not sure that a false accusation of murder or bank robbery would be much better.

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    Politics.ie Member KingKane's Avatar
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    Quote Originally Posted by Sync View Post
    As long as both parties involved were adults at the time of alleged offence, I don't think either the defendent or the complainent should be anonymous. By making adult complainants and defendents anonymous you do raise the chances of A: False allegations by the complainant as they won't be identified B: People who may have been assaulted by the defendent in the past won't come forward. A lot fo times rape cases fall apart because the police just can't find the guy. If you recognise a picture of a defendent you can call the police and proceed from there.

    I don't think we've ever seen a number on false allegations, because it's almost impossible to come up with. The prosecution losing a case doesn't mean the man or woman alledging offense was lying, it just means that there wasn't enough evidence to convict.
    Hang on, if the gardai are looking for a suspect they have no problem with releasing an image or artist's impression. So that point doesn't apply. And then we have to consider that most rapists are known to their victims so finding the guy isn't typically the problem.

    One of the reasons for anonymity is the no smoke without fire mentality of the public and you've just echoed it there. "The prosecution losing a case doesn't mean the man or woman alledging offense was lying, it just means that there wasn't enough evidence to convict." So if you are charged with rape but acquitted many people yourself included with that comment would view it as more likely that you did it but the DPP couldn't prove it. Imagine trying to get on with your life if you had been charged and it was publicly known but you were completely innocent and the court found you not guilty.
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    Politics.ie Member KingKane's Avatar
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    Quote Originally Posted by abccormac View Post
    If you accept that those accused of rape should be anonymous to protect their reputation, why shouldn't it be extended to all crimes? To be falsely accused of rape or another sex offence would be terrible, but I'm not sure that a false accusation of murder or bank robbery would be much better.
    Because in most other cases, it doesn't come down to he said, she said.
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    Politics.ie Member Sync's Avatar
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    Quote Originally Posted by Libero View Post
    If an allegation is proven to be false, the complainant will be identified.

    More that that, what do you think will happen to the already not-that-high levels of reporting of sexual offences, if victims have to sit in open court and have their picture in the papers?
    Unless you want to go down the route of charging every unsuccessful complainant with perjury you're not going to be able to prove an allegation false.

    I want crimes against adults handled uniformly. If a alleged perpetrator's name is being released to the press then the alleged victim's should be as well.

    If it's decided by a judge that the complainant is too traumatised to be named then it's unfair imo to name the defendent.
    I'm living in America, and in America, you're on your own. America's not a country. It's just a business. Now f***ing pay me.

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