Quote:
Originally Posted by MonsterCosmonaut
But on the other hand, on your point of the concrete evidence and my apparent naivety: If it doesn't exist, then that's that. Nobody will be prosecuted. It's a shame, but it's the only moral way for our courts to work. It is inherently immoral to prosecute someone with no evidence, even if they did that act. And that last bit, I assume you agree with me?
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Very much so - it's just the claim that such a thing as "concrete evidence" exists in the first place I'm not so sure about. There may well be concrete evidence that a certain event took place, or that a person was in the vicinity of the event at some point, but in a number of cases circumstancial evidence still ends up filling a lot of blanks unless you're fortunate enough to have eyewitnesses or CCTV to fall back on. Hopefully you can see where the inherent problem arises for sexual offences in that respect. I'm by no means advocating changing the evidential standard - such a prospect turns my blood cold - so much as highlighting the realities of criminal justice issues. It's by no means a straightforward issue.
Quote:
Originally Posted by MonsterCosmonaut
The system is biased against men, that mchu we know. I agree that it is also difficult for women to present a case to the courts, but I think that's less down to how the court itself works and more to do with the actual act (is there evidence etc).
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Again, asserting bias does not make it thus, and the evidence from court sittings suggests it is more a procedural issue than an evidential one. The Sexual Offences Act 2003 and its predecessors were meant to prevent such tactics being employed by defence counsel, but owing to lax wording they have not succeeded. Poor CPS practice also plays its part, as happened in one case down in South Wales. Finally, the police have to hold up their hands as the vast majority of case attrition happens on their watch (only c.12% of reported rapes even reach trial, far below the average). Basically there are a lof of problem areas which even now still need addressing.
All that said, I think we're taking this well and truly off topic so if you'd like to continue feel free to
PM or
VM.