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False rape accusation...who would you believe?

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Comments

  • Registered Users, Registered Users 2 Posts: 9,844 ✭✭✭py2006


    There are plenty of women who will lie about such things for various reasons.

    As Jordan Peterson points out men (generally) show aggression physically and women (generally) show aggression by gossip, innuendo and reputation destruction.


  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    bubblypop wrote: »
    But that poster knows three women that made up stories about being raped!
    Clearly there are more false reports then rapes..........

    Well you would know bubbly, wouldn't you? You did say before you also knew of women from your work who made false allegations. They didn't suffer any consequences either iirc from what you said. You didn't seem to care then either that men had their lives ruined by manipulative, vindictive women. If AGS did their jobs properly, there would be less false accusations and a resulting higher conviction rate for rape.

    Stay Free



  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    Smee_Again wrote: »
    He knows 3 women who made up stories and I know one poster who made up 3 stories.

    Still feeling burnt over that report I see :D

    I only wish those "stories" were not real. Small sample of how evil some people are for attention/revenge/whatever

    Stay Free



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Well you would know bubbly, wouldn't you? You did say before you also knew of women from your work who made false allegations. They didn't suffer any consequences either iirc from what you said. You didn't seem to care then either that men had their lives ruined by manipulative, vindictive women. If AGS did their jobs properly, there would be less false accusations and a resulting higher conviction rate for rape.

    Not correct.
    I came on to post about women I knew who did make false accusations and were prosecuted for it. Trying to point out how, no-one wants false allegations, particularly those people that do a lot of work for nothing!
    But all I got then was abuse from posters and accusations of being in the side of women who make false accusations, and accusations of working in women's health or some other such rubbish!

    I'm not sure what kind of work you do, but I bet you don't like doing lots of work, then finding out it was for nothing.

    AGS do their job, as best they can for the majority of them, and given that women have been prosecuted and convicted for making false rape claims, they are doing what you claim they are not.


  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    bubblypop wrote: »
    Not correct.
    I came on to post about women I knew who did make false accusations and were prosecuted for it. Trying to point out how, no-one wants false allegations, particularly those people that do a lot of work for nothing!
    But all I got then was abuse from posters and accusations of being in the side of women who make false accusations, and accusations of working in women's health or some other such rubbish!

    I'm not sure what kind of work you do, but I bet you don't like doing lots of work, then finding out it was for nothing.

    AGS do their job, as best they can for the majority of them, and given that women have been prosecuted and convicted for making false rape claims, they are doing what you claim they are not.

    If I remember correctly, the women you spoke about didn't serve any time which is what the issue was. The men they accused likely still suffer the consequences of the allegations.

    Nobody likes doing anything without getting a result. False allegations are often hard to prove too and if prosecuted, almost never do the women serve time. And investigating a false allegation is seen to discourage other women from coming forward, so it's not exactly top priority.

    I've no doubt that there are many great members of AGS. I've met a couple of them myself. Met a couple of proper @arseholes too who had no respect in the line of duty. It's no secret there is a rotten culture in AGS. Some are just criminals with a badge as proven in public reports over the years and in very recent times.

    Stay Free



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    If I remember correctly, the women you spoke about didn't serve any time which is what the issue was. The men they accused likely still suffer the consequences of the allegations.

    Nobody likes doing anything without getting a result. False allegations are often hard to prove too and if prosecuted, almost never do the women serve time. And investigating a false allegation is seen to discourage other women from coming forward, so it's not exactly top priority.

    I've no doubt that there are many great members of AGS. I've met a couple of them myself. Met a couple of proper @arseholes too who had no respect in the line of duty. It's no secret there is a rotten culture in AGS. Some are just criminals with a badge as proven in public reports over the years and in very recent times.


    Sentencing is a matter for the courts, nothing to do with AGS.

    'And investigating a false allegation is seen to discourage other women from coming forward, so it's not exactly top priority'
    Any evidence or link for this? Or is this another thing you made up?

    and do you know what? There are arseholes everywhere in life, met a few myself.


  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    bubblypop wrote: »
    Sentencing is a matter for the courts, nothing to do with AGS.

    'And investigating a false allegation is seen to discourage other women from coming forward, so it's not exactly top priority'
    Any evidence or link for this? Or is this another thing you made up?

    and do you know what? There are arseholes everywhere in life, met a few myself.

    The courst have nobody to sentence if the Gardaí don't investigate. I'm surprised you asked for a link. This narrative has been pushed and pushed for years. "Women need to be believed" and "For fear they won't be believed" b0llix. The Gardaí are given bad press for not believing all women who come forward with an allegation, i'm sure you don't need links to know that much is true.

    There are indeed @rseholes everywhere. Just it seems a disproportionate number gravitate to a job with a badge and a hat. Must be horrible for the good ones to see the rot and have their lives ruined if they blow that whistle.

    I did find an interesting document talking about police perceptions of false allegations.
    https://researchonline.gcu.ac.uk/ws/files/24041201/L.McMillan_JoGs_False_Allegations_Main_Document.pdf

    What I found most interesting is how the author dismisses the wealth of knowledge and years of professional experience by the police who gave their views on how common false allegations are. Instead, the author reverts to the stats which were gathered making anonymous calls and collecting fudged, unverifiable data by the likes of the DRCC.

    Stay Free



  • Registered Users, Registered Users 2 Posts: 2,082 ✭✭✭Smee_Again


    Still feeling burnt over that report I see :D

    I only wish those "stories" were not real. Small sample of how evil some people are for attention/revenge/whatever

    Why would I be feeling burnt? You effectively proved my point for me and when you realised this you started fabricating anecdotes to support a point you’d already discredited.

    Gas stuff altogether.


  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    Smee_Again wrote: »
    Why would I be feeling burnt? You effectively proved my point for me and when you realised this you started fabricating anecdotes to support a point you’d already discredited.

    Gas stuff altogether.

    You thought you had your point solidified with made up figures. When it was pointed out that the report was biased, unverifiable and complete nonsense, you changed from smug and righteous to snarky and delusional. Cherry picking and pushing a false narrative can't change the fact that the report you relied on to prove your point was a work of fiction.

    You had resigned and wanted to leave the conversation, but you couldn't do that and have been trying with futility to suggest that I have proven your point with false figures :pac::pac:

    Brilliant :D

    I'm hoping you have links to more reports proving your point, because the last one was priceless. And sure the DRCC want another chunk of taxpayers money to fund another round of fake figures. They'll probably get their call list from PULSE this time.

    Stay Free



  • Posts: 18,749 ✭✭✭✭ [Deleted User]



    What I found most interesting is how the author dismisses the wealth of knowledge and years of professional experience by the police who gave their views on how common false allegations are.

    A little like posters on here, who ignore the knowledge of other posters and make stuff up, because it doesn't suit their agenda.


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  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    bubblypop wrote: »
    A little like posters on here, who ignore the knowledge of other posters and make stuff up, because it doesn't suit their agenda.

    Or more like posters on here who deflect and hide by ignoring questions which would shed some light on their biased views.

    The author in the report had a clear bias when the real world experience of the police officers dealing with complainants was dismissed over some survey data, the likes of which the DRCC carried out.

    Would you trust data extracted by an officer with decades of experience, or an anonymised phone call made by a rape crisis organisation employee?

    Stay Free



  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    bubblypop wrote: »
    SNIP
    it doesn't suit their agenda.
    Would you trust data extracted by an officer with decades of experience, or an anonymised phone call made by a rape crisis organisation employee?

    I didn't expect an answer there. Possible conflict of interest.

    I took a look at the report I linked most recently and not surprisingly she lectures in Gender Studies, Sociology and to my horror, criminology. No gold stars for guessing who the victim and criminals are in her head. :rolleyes:

    Stay Free



  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    I didn't expect an answer there. Possible conflict of interest.

    I took a look at the report I linked most recently and not surprisingly she lectures in Gender Studies, Sociology and to my horror, criminology. No gold stars for guessing who the victim and criminals are in her head. :rolleyes:

    Absolute bias and lack of credibility in anything pushed by someone flashing a gender studies degree or god forbid masters. Even womens studies would be an upgrade and thats not saying much.


  • Registered Users Posts: 4,887 ✭✭✭iptba


    Sexual consent classes to be offered to third-level students
    Measures mean colleges will have to bring in mechanisms for anonymous reporting of harassment
    https://www.irishtimes.com/news/social-affairs/sexual-consent-classes-to-be-offered-to-third-level-students-1.4605149

    We are not there yet, but it is possible at some stage we might end up with some similar kangaroo courts in colleges to those that have existed in the US.


  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    iptba wrote: »
    https://www.irishtimes.com/news/social-affairs/sexual-consent-classes-to-be-offered-to-third-level-students-1.4605149

    We are not there yet, but it is possible at some stage we might end up with some similar kangaroo courts in colleges to those that have existed in the US.

    I heard this being discussed on the radio. The clown they had on claimed that about 60% of 1st year students had personally experienced forced penetration. She cited male, female and non-binary students which all added up to about 60%. Of course, they didn't keep her on the station long enough for anyone to call in and ask any questions.

    More fantasy figures and no doubt the DRCC are salivating and looking for her phone number to offer her a job to conduct the next taxpayer paid survey.

    Stay Free



  • Registered Users Posts: 1,483 ✭✭✭Caquas


    Just in case anyone thinks only men can be victims of false allegations of sexual offences.

    https://www.dailymail.co.uk/femail/article-9718027/Lady-Nourse-describes-three-years-pure-hell-acquitted-molesting-boy.html

    If you have been relying on the Irish media, you will be shocked to learn the ordeal suffered by the widow of one of Britain’s most senior judges about whom there was not the slightest suspicion before this man suddenly came forward just days after tried to to get money from her. But the Irish media have largely ignored the succession of failed prosecutions of prominent men in Britain whose final years were destroyed by utterly bogus allegations alleging sex offences from decades ago.

    Ironically, this lady’s husband was Master of the Rolls I.e. successor to Lord Denham, the judge who dismissed the case brought by the Birmingham Six against the police because their claims presented “such an appalling vista that every sensible person would say, "It cannot be right that these actions should go any further.”

    But the British Home Secretary, like our own Minister for Justice (the one on leave and the interim one) thinks the problem is getting more guilty verdicts, regardless of the evidence. Not surprising when the media shows so little interest in these shocking stories of legal terror.


  • Registered Users Posts: 4,887 ✭✭✭iptba


    The Myth About Rape Myths

    http://empathygap.uk/?p=3706


    ---

    “Training” juries prior to trial, which the petition requests, is a

    terribly disturbing suggestion. We know who will do the “training”,

    those whom the establishment consider “experts” in the subject. It

    would subvert the purpose of an independent jury, namely that the

    accused be judged by his peers: ordinary untainted citizens. Any

    “education” prior to the trial is prejudicial to this ideal, even if

    it were of benign motivation. It would not be of benign motivation –

    it would be motivated by the objective of gaining more convictions,

    not a more accurate verdict. As just one example, what if the jury

    were told, as they certainly would be, that “false allegations of rape

    are extremely rare”? If the jurors believed it, the verdict would be

    assured.

    ---

     In 2010 Professor Thomas also concluded that,


    ‘Jury conviction rates for rape vary according to the gender and age

    of the complainant, with high conviction rates for some female

    complainants and low conviction rates for some male complainants. This

    challenges the view that juries’ failure to convict in rape cases is

    due to juror bias against female complainants.‘


    In other words it is men, not women, who get short-changed by the

    justice system when complaining about rape.


    ---

    In respect of the petition’s claims regarding jurors’ widespread

    belief in the “rape myths”, Thomas was scathing…


    “At the time of the petition there had been no research in England and

    Wales with real jurors on the issue of whether they accepted commonly

    held rape myths or understood judges’ directions on such myths. This

    meant that the petition’s claim that research showed jurors accepted

    commonly held rape myths and did not understood judges’ directions on

    these myths could not have been correct.”


    That’s academic speak for “lying toerags”.


    What Thomas actually found was,


    “Hardly any jurors believe what are often referred to as widespread

    myths and stereotypes about rape and sexual assault. The overwhelming

    majority of jurors do not believe that rape must leave bruises or

    marks, that a person will always fight back when being raped, that

    dressing or acting provocatively or going out alone at night is

    inviting rape, that men cannot be raped or that rapes will always be

    reported immediately. The small proportion of jurors who do believe

    any of these myths or stereotypes amounts to less than one person on a

    jury [of 12].”



  • Registered Users Posts: 4,887 ✭✭✭iptba


    ---

    Supreme Court judge has suggested proposals for “rebalancing” the criminal trial process so as to achieve “real” protection for the rights of victims, particularly those alleging rape and sexual assault.

    Implementation of the proposals would potentially lead to more positive experiences for victims while still protecting a defendant’s rights, according to an article co-authored by Mr Justice Peter Charleton and Orlaith Cross, a judicial assistant to the Supreme Court.

    ---

    https://www.irishtimes.com/news/crime-and-law/supreme-court-judge-proposes-rebalancing-of-criminal-trials-to-protect-victims-1.4722947



  • Registered Users Posts: 1,483 ✭✭✭Caquas


    Man sues the State after spending a year in jail because of a “fabricated” rape claim


    Eighteen months prior to making the complaint against the man, the woman had claimed she was raped by another unrelated individual.

    She later withdrew this allegation and admitted that it was fabricated arising out of her frustration due to her history of sexual abuse, family problems and alcohol issues.

    So he was stuck in jail although his accuser had already admitted to making a false rape claim. How long did it take the Gardai to put 2 and 2 together?

    No action taken against this woman but we are all on the hook if the courts accept his claim.



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  • Registered Users Posts: 4,887 ✭✭✭iptba



    Consideration was given to prosecuting the woman for wasting Garda time, but she was not charged due to her personal circumstances.

    Shortly after the man received the information about the complainant the Director of Public Prosecutions (DPP) entered ‘a nolle prosequi’ in his case, ending the prosecution and leading to his release from prison.

    However, the man claims he suffered great harm due to the time spent in prison. His relationship broke down, resulting in a lack of access to his daughter, and he lost his job, he claims.

    https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-wrongly-accused-of-rape-sues-over-time-spent-in-prison-1.4733231



  • Registered Users Posts: 1,483 ✭✭✭Caquas


    What is meant by "personal circumstances'? Does the DPP regularly refuse to prosecute due to "personal circumstances"? I do hope my "personal circumstances" will also give me immunity. Sorry if the taxpayer ends up paying a million or two for some future "mistakes" I might make, but hey, here we are!

    Of course, the DPP told the man's lawyer about the previous fake accusation when they were about to enter the nolle prosequi. My question is when did the DPP first hear about it or, more importantly, when did the Gardai realise that the complainant was the same woman who had previously admitted to making up a false rape allegation?

    Eighteen months prior to making the complaint against the man, the woman had claimed she was raped by an unrelated individual. She later withdrew this allegation and admitted that it was fabricated arising out of her frustration due to her history of sexual abuse, family problems and alcohol issues.

    So the prior complaint was made a year and a half earlier but the IT is remarkably vague about when she admitted this was fabricated. That is, of course, the issue on which the whole case will turn i.e. did the DPP drop the charges as soon as the woman retracted her previous complaint or did they leave an innocent man to stew in prison?

    Of course, the Gardai should have realised this from Day One but maybe their magnificent, revamped PULSE system didn't throw up her name. And weren't the Gardai supposed to have a specialised unit dealing with all sexual offences? Didn't they put some tag on her file to say "fake accusation"?



  • Registered Users Posts: 4,887 ✭✭✭iptba


    It is interesting alright. It is one thing to give a lighter sentence because of someone’s personal circumstances, it’s another not to prosecute them at all.


    And of course it’s only the charge of wasting police time when perhaps a stronger category should exist for false allegations that can have such a damaging effect on an individual.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    Actors to role-play sexual assault court cases with judges

    Course aims to ensure judiciary function appropriately around vulnerable people


    The course, designed by the Dutch Judicial Training College, also included a participation exercise and discussion around vulnerable people in court, as well as training in “questioning and attention to personal aspects (avoiding re-traumatisation)”.


    [..]


    Victim support

    Dublin Rape Crisis Centre, which offers support to victims during court proceedings, was invited to give an introductory talk to the eight judges.


    https://www.irishtimes.com/news/crime-and-law/actors-to-role-play-sexual-assault-court-cases-with-judges-1.4737582

    I imagine this could possibly make things more difficult for defendants. It doesn't sound like there was any group there for those who are falsely accused to counterbalance the Dublin Rape Crisis Centre.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    The Director of Public Prosecutions has told a court in Dublin that there is no legal basis for not identifying a 35-year-old public servant charged with falsely imprisoning and sexually assaulting a woman at his workplace last year.


    Judge Treasa Kelly made an order last month that the man's name or occupation were not to be published but this was challenged in court today by five media organisations including RTÉ.


    https://www.rte.ie/news/courts/2021/1126/1263393-court-dpp-identify-man-false-imprisonment/


    I'm no lawyer, and don't follow this issue too closely, but I thought I heard something about a rule or convention that defendants should not be named in the Republic of Ireland before sexual assault cases? Or perhaps that is only rape cases?


    Whatever about the specific conventions, I find it interesting that media organisations incl. RTE want to spend money on a single case like this, so they can name somebody before the trial.



  • Registered Users, Registered Users 2 Posts: 24,202 ✭✭✭✭One eyed Jack



    Initiatives like this have no impact on defendants. They’re intended to raise awareness of the impact of trials and court procedures on the victims of rape and sexual assault. Sexual offences and false allegations shouldn’t be thought of as being the flip side of each other as though they are comparable or equatable - they’re not even similar types of offences. To the best of my knowledge, there isn’t any support group for people who have been falsely accused of committing a criminal offence, so that may go some way towards explaining why there is no “counterbalance” in a program which aims to advocate for the victims of rape and sexual assault cases and how they are treated by the Courts.

    Whether these programs have any impact at all, is another issue entirely - scripted enactments rarely reflect the reality of how these cases actually dealt with by the Courts, such as in this particular example -





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  • Registered Users, Registered Users 2 Posts: 24,202 ✭✭✭✭One eyed Jack



    It’s more to do with reporting restrictions depending upon the circumstances in the case, but the restriction on naming of the accused applies in cases of rape and aggravated sexual assault, but doesn’t apply in cases of sexual assault, and what’s happening in this case is that the Judge decided to impose reporting restrictions, which RTÉ and media organisations are right to point out there is no legal basis for doing so. They’re spending money on challenging the imposition of reporting restrictions in this particular case, because normally they wouldn’t be under such restrictions -


    It seems clear that a trial judge is not entitled to impose a restriction on the reporting of an accused person’s name solely in order to protect that person’s right to privacy. The matter arose for consideration in Independent Newspapers (Ireland) Ltd v Judge Anderson where the respondent District Court judge had made an order restricting the publication of the identity of a person charged with possessing child pornography. He later refused a press application to lift the restriction. His order was successfully challenged by way of judicial review proceedings brought by the applicant newspaper group. As the High Court (Clarke J.) noted, regard had to be had first and foremost to Article 34.1 of the Constitution which requires that, save in such special and limited cases as may be prescribed by law, justice shall be administered in public. Further, having regard to earlier authorities, notably Irish Times v Ireland, the Court held that any restrictions on the reporting of court proceedings are governed by the following principles:

    (1) An order restricting such reporting can be made only where there is an express legislative provision to that effect, and

    (2) In the event that the relevant legislative provision contains a discretion, the court must be satisfied that to have the case heard in public would fall short of doing justice; or

    (3) In the event that there is no express legislative provision the court must be satisfied that:

    a. There is a real risk of an unfair trial if the order is not made, and

    b. The damage which would result from not making the order would not be capable of being remedied by the trial judge either by appropriate directions to the jury or otherwise.

    Clarke J. went on to say:

    “It seems to me clear, therefore, that in the absence of an express statutory limitation on reporting, the general constitutional discretion identified in Irish Times v Ireland [1998] 1 I.R. 359 only applies to cases where it can properly be said, in accordance with the principles set out in that case, that the accused’s right to a fair trial may require the reporting restrictions. The undoubted effect which the public knowledge of the existence of criminal proceedings against an individual may have on certain other rights of such individual is not, on the basis of those authorities, a justification for departing from the clear constitutional imperative specified in Article 34.1 to the effect that justice must be administered in public.”


    Pg. 50 of this report -



    However, the current Minister for Justice sees it quite differently -



    It’s a contentious issue with arguments which can be made both for and against the idea -





  • Registered Users Posts: 4,887 ✭✭✭iptba



    American author Alice Sebold has apologised for her part in the wrongful conviction of a man who was cleared last week of raping her in 1981.

    In her memoir Lucky, she described being raped and later telling police she had seen a black man in the street who she believed was her attacker.

    Anthony Broadwater was arrested and convicted, spending 16 years in prison.

    A statement from Mr Broadwater, released via his lawyers, said he was "relieved that she has apologised".

    In Ms Sebold's apology statement, she said: "I am sorry most of all for the fact that the life you could have led was unjustly robbed from you, and I know that no apology can change what happened to you and never will". 

    https://www.bbc.com/news/world-us-canada-59485586



  • Registered Users Posts: 1,483 ✭✭✭Caquas


    What a shocking story! An innocent man spends 16 years in jail for a crime he didn’t commit. Watch how this turns into a story of racial injustice, and not about overzealous police who were determined to get a rape conviction. All that talk about increasing the rape conviction rate here will bring cases like this to Ireland.

    Sebold wrote that after she failed to identify Broadwater in a police lineup, "a detective and a prosecutor told her after the lineup that she picked out the wrong man and how the prosecutor deliberately coached her into rehabilitating her misidentification,"



  • Registered Users Posts: 4,887 ✭✭✭iptba


    American author Alice Sebold has apologised for her part in the wrongful conviction of a man who was cleared last week of raping her in 1981.

    In her memoir Lucky, she described being raped and later telling police she had seen a black man in the street who she believed was her attacker.

    Anthony Broadwater was arrested and convicted, spending 16 years in prison.

    A statement from Mr Broadwater, released via his lawyers, said he was "relieved that she has apologised".

    In Ms Sebold's apology statement, she said: "I am sorry most of all for the fact that the life you could have led was unjustly robbed from you, and I know that no apology can change what happened to you and never will". 

    https://www.bbc.com/news/world-us-canada-59485586


    Alice Sebold’s innocent ‘rapist’: ‘She went through an ordeal. I went through one, too’

    When lawyers saw the trial transcript, they quickly realised the case had been flawed

    about 18 hours ago

    Corina Knoll, Karen Zraick, Alexandra Alter

    https://www.irishtimes.com/life-and-style/people/alice-sebold-s-innocent-rapist-she-went-through-an-ordeal-i-went-through-one-too-1.4756989

    Long article in the Irish Times, which I haven't read myself so far.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    (Pay-walled)

    Sil Fox: ‘That woman got to vanish after she destroyed my life. Where is the fairness in that?’

    Sil Fox wants to know why he was charged with a crime a judge deemed to be unfounded based on video evidence

    https://www.independent.ie/irish-news/news/sil-fox-that-woman-got-to-vanish-after-she-destroyed-my-life-where-is-the-fairness-in-that-41163746.html


    But more than performing, what he wants is answers: why was he charged with a crime that a judge determined was unfounded, based on the CCTV evidence of the interaction with his accuser? He is suing the DPP and the State for damages and has initiated proceedings in the High Court, claiming the prosecution was taken without reasonable or probable cause.

    “It is not about money. I just don’t want what happened to me to happen to anyone else. The decision they took against me has had such an impact on my life. It has ruined my life. I want someone to be held accountable. I hope it is dealt with quickly. I hope it doesn’t take the rest of my life away. I hope I am alive to see this out, that it doesn’t drag on for years. I want someone to admit they were wrong to take the case against me. To say sorry.”



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  • Registered Users Posts: 4,887 ✭✭✭iptba



    https://twitter.com/i/events/1473063349063598080

    Chris Noth dropped from 'The Equalizer' after sexual assault allegations

    Noth, who denies the allegations, will be seen in one original upcoming episode of the CBS series that has already been filmed.

    So lost the job without any conviction.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    This group might be of use to someone

    https://accused.me.uk/about/

    Accused.me.uk was set up in 2014 by people who had been close to the victim of a malicious allegation of rape in 2012.


    With the help of friends, his wife, his family and legal team, he was not charged. The one thing that was apparent during the whole disgusting process, was that there is almost nowhere for men who find themselves the subject of these allegations, to turn for support. Unless you’re very rich, your legal advisors will not have time to help you with the emotional side of what you’re going through. By which we mean, the gut-wrenching fear of having your reputation and your sexual life dissected in a public court – when you know you are innocent as charged. Not to mention the threat of imprisonment for something you absolutely know you never did.


    There are a few forums and internet sites that offer support, but almost none in the UK are targeted for men who are victims of false allegations of rape. Hence accused.me.uk.


    The aim is that accused.me.uk should become the main place where people who declare their innocence of these accusations can come for support from others who have been through similar experiences. It is most definitely not the place for anyone who has the slightest notion that they might be guilty.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    (On the UK)

    Rape – Part 2 (Case Histories of False Allegations)

    http://empathygap.uk/?p=2176

    This isn’t a story of a few rogue cops gone bad, or a crumbling, underfunded criminal justice system overwhelmed by national austerity (though both get blamed daily in courts and the press to cover a wider, more difficult truth). This is a story of a state funded system designed with political ends in mind to convict those accused of crime, because once a person is charged they must be guilty, if only the Crown can prove it. (Solicitor Matthew Graham, 24/1/18)


    [..]


    Quotes from Lawyers

    I wish to make the point that the storm now building around sexual assault cases and disclosure issues, with Alison Saunders now taking her turn in the dock, is of far older vintage and is not confined to the present incumbent of the position of DPP. Back in 2006 we could have read this,

    The system for dealing with accusations of sexual abuse is a disgrace. It has manifest failings that are known to lead to wrong verdicts but which remain uncorrected, and which continue to send innocent men to prison.

    Chris Saltrese is a solicitor who has handled many appeals for those accused of sexual crimes. It was not his original area of legal expertise, however. “I started as a commercial lawyer,” he explained to me, “an area of law that is considerably more lucrative than this one. I ended up handling cases of alleged sex crimes only because it became obvious to me that there was an injustice of colossal proportions taking place.” Mr Saltrese believes that there are “certainly scores, and very possibly hundreds” of men who have been convicted of sexual crimes who are rotting in prison with no prospect of release, but who are not guilty and should never have been sentenced.”

    Or this from celebrity lawyer Nick Freeman in 2012,

    Incompetence by Crown prosecutors is causing the collapse of an estimated 63,000 criminal cases per year in England and Wales and costing you and I a small fortune in the process…..it is the norm for the CPS to often totally disregard correspondence, to fail to deal adequately with disclosure, to fail to comply with court directions, and to turn up at court on the trial date with several trials listed on the same day many, if not all, of which the prosecutor won’t have seen until that morning.”

    In the present context, Mr Freeman has called for people who make false rape and sex assault allegations to be stripped of their statutory anonymity and named on a public register. “The time has come for there to be a register where the names of those who make these disgraceful and disgusting allegations are added”, he said, “Sadly, Mr Allan’s case is not a one off. It is one of many – the tip of the iceberg. False allegations are made on a daily basis, and those who make them can hide behind a lifelong veil of anonymity.”

    Freeman is not the first lawyer to call for such a false-alleger register. The appeal court judge Lord Lane made a similar suggestion when considering the 3 year sentence received by a false claimant in the 1980s (quoted in Rumney 2006).

    In an excellent résumé of the Liam Allan case, Matthew Scott, the Barrister-Blogger, sums it up, “Despite the magnificent performance of Mr Hayes, a case like this ought to shatter any remaining illusions that the English and Welsh criminal justice system is fit for purpose.”

    From another lawyer’s blog just 3 days before I wrote this, here is Bath solicitor Matthew Graham, Partner & Head of Criminal Law & Mental Health at Mowbray Woodwards,

    The job of the police is to investigate whether or by whom an offence has been committed. They have a legal duty to investigate all reasonable lines of enquiry, whether they point towards the guilt or innocence of a particular suspect. It sounds simple, but if you are a suspect in a criminal case you need to understand that this isn’t how it works. This isn’t a story of a few rogue cops gone bad, or a crumbling, underfunded criminal justice system overwhelmed by national austerity (though both get blamed daily in courts and the press to cover a wider, more difficult truth). This is a story of a state funded system designed with political ends in mind to convict those accused of crime, because once a person is charged they must be guilty, if only the Crown can prove it. Inconvenient evidence that would undermine a prosecution or assist a suspect doesn’t achieve either of those aims, so it doesn’t have any real importance. As soon as the police think it is their job to catch the criminals, the system goes wrong, because it is they, not a court or a jury or anyone independent, who is deciding on who is a criminal and then setting about proving it….. 

    This description is not the cynical rant of a defence lawyer embittered by the constant failure of the police, CPS or Judges to apparently care one bit about due process in investigations and disclosure. It is a summary of legal policies, and the everyday experience of practice in the police station and courts.

    Pity those, and there are many, who didn’t get the disclosure they deserved. Pity those suspects where the police hold or could hold evidence that helps their case that they don’t know about. An extra witness here. A useful 999 call there. Social services records. School reports. Text messages. Emails and social media content. And ever on. And more fool those who expect a court to help their quest for fair disclosure. Expect to be met with apathy at best, more likely positive resistance. Expect to be told you are simply fishing for a loophole. Expect to have to justify the relevance of the material you have never seen. Expect the court to wholly accept a bland assurance of a prosecutor in court that never comes to fruition. Expect excuse after excuse after excuse and expect no one in authority to care one bit. And when you reach the day of trial without having received what the law says you should, expect the trial to carry on all the same. Because this is what happens in cases every day, all over the country, in magistrates and crown courts.

    The case histories are littered with judges who have lambasted the CPS for gross mishandling of cases, including the use of the word ‘incompetent’. Nor is this new. Here is a random example from 2016.

    As a further example from 2017, Judge Philip Shorrock took the unusual step of writing a letter to a newspaper severely criticising the CPS over its handling of rape cases involving alcohol or drugs. In such he-said-she-said cases when “each gives a plausible enough account” and there is no other evidence, there is no basis on which to bring the prosecution because there is no realistic prospect of conviction – provided the required burden and standard of proof is maintained. Staggeringly, Alison Saunders responded by claiming the judge’s remarks “harked back to the ‘victim- blaming’ culture of the past”. This is the pernicious ‘listen and believe’ mantra eating away at the heart of our criminal justice system. She added, “There is no legal requirement for victims’ accounts to be corroborated by a third party and it is ultimately up to a jury to decide guilt or otherwise based on all the evidence presented to them”. This attitude is corrosive of the standards of proof, for it implicitly hopes that a jury will confuse balance-of-probability, or simply personal opinion, with beyond-reasonable-doubt. In a society which has been demonising men for decades, and preying on women’s fears with terms like ‘rape culture’, such a corrosion of standards is a real danger.

    Many lawyers say Judge Shorrock was correct and that political pressure to improve conviction rates in rape prosecutions is leading to cases being brought to court which should not be. Lawyer Chris Saltrese, again, said: “The CPS are not interested in anything a defendant has to say. They are interested in prosecutions. Basically their mantra is ‘don’t concentrate on the credibility of the complainant, try to case-build as much as you possibly can and get a case in front of a jury’”.

    It is the system which is broken.



  • Registered Users Posts: 4,887 ✭✭✭iptba



    From the same blog:

    http://empathygap.uk/?p=2176

    Reasons for False Allegations

    Reasons for making the false allegation were apparent in 90 of the 146 cases. In four cases two reasons were identified. The number of cases out of 94 corresponding to the various causal categories were as follows,

    Regret (19): This was the commonest category. The woman regrets her behaviour sometime after the event and projects the blame onto the man by changing her mind about consent. This is typical of the ‘drunk monkey sex’ type of situation, common amongst students and other young people.

    Rejection (14): This category applies to women who decide to punish a man for dumping them (hell hath no fury like a woman scorned).

    Revenge, Anger (14): This category applies when the accusation appears to have been a calculated act of aggression for revenge or retaliation when the reason for the anger is other than being dumped.

    Infidelity (10): This category refers to women who are married or have a regular boyfriend and seek to excuse themselves for their infidelity by transmogrifying consensual sex with A.N.Other into rape.

    Attention (10): Some women seem to enjoy the police attention, and the sense of importance it gives them.

    Extortion/blackmail/fraud/compensation (9): In general it is not possible to tell from news reports whether an alleged victim received victim compensation. However, financial gain by some means or another – generally not via victim compensation, e.g., blackmail – was identified in 9 cases. It is likely that victim compensation is a far more significant motivator than can be discerned from these cases.

    Political (4): This category relates to cases where false accusers appear to have been motivated by a desire to topple the accused from an influential position, e.g., due to political opposition, or to enhance their own career advancement, protected by anonymity. This category will be more significant in cases involving celebrities and politicians, which are excluded here.

    Delusional (4): This is self-explanatory – some women go to extraordinary lengths to fake claims. The characteristic of these cases is they appear obviously bonkers – but are often treated seriously anyway.

    Sympathy (3): Some women experiencing a bad patch with their boyfriends, possibly rejection, decide to accuse someone other than the boyfriend as a strategy to gain the boyfriend’s sympathy and re-cement their relationship. In such cases the woman may accuse a man she had never even met.

    Jealousy (3): If she can’t have him, no one will! Put him in prison! Or it may be jealousy over financial, rather than amorous, advantage.

    Academic (2): These cases refer to students making an excuse for the lateness of a coursework assignment or seeking mitigation against poor exam performance. Yes, it happens.

    In addition to the above there was one case of vigilantism (case 16/22) and one case where the motivation was to get a lift home in a police car (15/4). Ruining a man’s life for a £20 cab fare – incredible, isn’t it?

    The striking thing about virtually all the case histories is the triviality of the reasons for lying about something with such serious consequences for the accused. This is the empathy gap yet again. What else can account for those who think that an accusation which will blast a man into hell is legitimised by being stood up, or as a stratagem to avoid being dumped, or simply to garner attention or sympathy?

    One of the reasons we are less ready than we might be to recognise false allegations by women is that female aggression tends to differ in nature from male aggression. Whereas male aggression tends to be physical, and hence visible, female aggression tends to be relational, and hence harder to identify. (Both these are statistical tendencies, not exclusive statements. Women can be physically aggressive, and men may display relational aggression). Relational aggression consists of destroying a person’s reputation. The classic example of female relational aggression is girl-on-girl bullying in schools, now much aided by social media. Many false allegations of sexual assault can probably be understood as relational aggression.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    Broadcaster Eoghan McDermott has posted a solicitor's letter on Twitter clarifying "false allegations" that were published about him on the social media platform last year.

    Tweeting for the first time since February 2021, the former 2fm presenter said: "A few months ago, false allegations were made about me.

    "Despite not being investigated or verified, these allegations were spread widely, the effects of which I am still processing."

    In an accompanying post, Mr McDermott shared a letter that he says was received by his solicitors acknowledging that there were "false allegations" made against him by their client.

    The letter also states that their client "sincerely regrets publishing the inaccuracies" online.

    https://www.rte.ie/entertainment/2022/0302/1283971-mcdermott-false-allegations-were-made-about-me/



  • Registered Users Posts: 4,887 ✭✭✭iptba




  • Registered Users Posts: 4,887 ✭✭✭iptba


    (Pay-walled)

    DPP fights comedian Sil Fox’s lawsuit over erroneous prosecution for sexual assault


    https://www.independent.ie/irish-news/courts/dpp-fights-comedian-sil-foxs-lawsuit-over-erroneous-prosecution-for-sexual-assault-41426051.html

    “I was totally innocent and they ruined my life. They had all the evidence, they had the video footage, and yet they put the case through,” Mr Fox said.

    The comedian said he lost friends and lost out on work because of the case.

    In a plenary summons, lawyers for the comedian claim he “suffered serious reputational damages arising from false allegations, in circumstances where any reasonable consideration or review of the CCTV evidence would militate against a prosecution”.



  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    Stay Free



  • Registered Users Posts: 4,887 ✭✭✭iptba



    Woman’s claims of rape, sex assault against husband ‘not the truth’, judge finds

    Justice says wife made ‘ill-considered’ bid to secure best terms in ‘particularly bitter’ separation case

    https://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-s-claims-of-rape-sex-assault-against-husband-not-the-truth-judge-finds-1.4836056

     

    A High Court judge has ruled that allegations of rape and sexual assault made by a woman against her husband were “not the truth”.

    In a recently published judgment, Mr Justice John Jordan said the allegations appeared to the court to be an “ill-considered attempt” by the woman to construct a narrative that might assist her in negotiating or achieving the best terms of the dissolution of the partnership.



  • Registered Users Posts: 1,483 ✭✭✭Caquas


    The fight is over the value of this case which will never come to trial.

    There is a very important principle at stake - is the State liable to an accused person who is acquitted? The traditional answer is absolutely not. On the contrary, the State has a duty to prosecute if it believes it can prove someone to be guilty of a crime beyond reasonable doubt. So Sil Fox will have to show that the DPP prosecuted him although she did not believe he was guilty. Fortunately for him, he has CCTV evidence which shows this case should never have been prosecuted.

    Unfortunately for us, this important principle will not be tested because this case will be settled for an undisclosed sum, probably north of a million Euros. That is how much it will cost us to prevent the court exposing the DPP's misbehaviour in this case.


    Yerrah, don't we don't the same week in, week out for incompetent doctors?



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  • Registered Users Posts: 4,887 ✭✭✭iptba


    UK

    Long delays blamed as victims drop two thirds of rape cases

    ‘Thousands of victims are failing to get the justice they deserve and this has to stop,’ Dame Diana Johnson says

    https://www.independent.co.uk/news/uk/home-news/rape-victim-investigation-uk-justice-home-affairs-b2055533.html?amp



  • Registered Users Posts: 4,887 ✭✭✭iptba


    Big read: A heinous allegation of rape that brought a family to the brink

    https://www.independent.ie/irish-news/courts/big-read-a-heinous-allegation-of-rape-that-brought-a-family-to-the-brink-41602775.html

    Despite being just 21 years old, Caleb Graham has already overcome many challenges during his life.

    With an interest in computers, he has studied IT and hoped to be able to get a job in that field.

    His autism meant it wasn’t always easy to make friends, but Caleb had found a small group he felt comfortable with at a training college close to his Bangor home.

    It was through the college that Caleb got to know Chantelle Clarke.

    Later, Clarke went to police and said that Caleb had raped her.


    This was the start of a five-year nightmare for the Graham family.

    Gilly Graham sat in on the police interview that took place via prior arrangement as her son is considered too vulnerable to be interviewed without an appropriate adult present.


    “Then the graffiti appeared on the wall.”

    While the police were still investigating the allegations, graffiti claiming Caleb was a rapist was painted on a gable wall in Bangor.

    Mrs Graham added: “A friend phoned me to say there was graffiti in Bloomfield estate, to write his full name and say he was a rapist really was distressing.

    “That put his life in danger.


    When the Bangor facility closed, Clarke moved to Newtownards and the allegations against Caleb began circulating among staff and students.

    Mrs Graham said: “He felt intimidated, after the graffiti Caleb wouldn’t even open the front door if it knocked.

    “Things he had independently learned to do in his teenage years he reverted back to being unable to do. He wouldn’t even go to the shops close to his home.”

    Eventually, Caleb had to seek medical help when his weight loss started to concern his family.


    On Friday, she received a 12-month suspended sentence for what the judge said was a “wicked” act against an innocent man.



  • Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭...Ghost...


    Another one who destroyed an innocent man's life, leaving him regressed and in fear has been given no jail time. And the perpetrators mother is annoyed that the media allegedly treated her daughter unfairly. Jesus wept

    Stay Free



  • Registered Users, Registered Users 2 Posts: 2,571 ✭✭✭tinytobe


    The problem is that ultimately, man and woman are simply not equal, they never will be regardless of what all these lefties think or want..... Society also or almost always tends to believe the woman, not the man.

    This often results in a woman claiming rape, if she had bad sex or not the kind of orgasm she wanted to have, and makes a rape claim, even though the sex was consensual.

    To me, rape means that sex was performed by the use of physical force.

    Also, sexual coercion is not rape, sexual coercion means verbal threats or other non physical threats in order to have sex.

    Especially to the "me too movement" this is very difficult to explain.

    They seem to be mainly after men, who have money, and claim that they were raped way back, like 5 or 10 years ago, only relying on the fact that the woman is believed not the man, and real evidence, like beating, etc... can't be presented anymore.



  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    This is all over the place. Not sure is this irish example a dream of yours or actually happened .. didnt happen in reality



  • Registered Users Posts: 4,887 ✭✭✭iptba



    A serving senior garda acquitted of sexually abusing a child that his mother was minding 40 years ago is suing An Garda Síochána.

    The officer, who was found not guilty by a jury last year, has initiated a legal action against the force in the High Court. 

    It is understood the officer, who is in his late 50s, is alleging An Garda Síochána failed to disclose key information about the investigation to the defence.


    https://www.independent.ie/irish-news/news/senior-garda-sues-force-over-sexual-abuse-trial-41744006.html


    Some of you may recall that in the UK the police got into trouble for not disclosing evidence in rape and sexual assault cases and there was a review.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    Article uses "he" for defendant and "she" for (alleged) victim

    https://www.irishtimes.com/crime-law/courts/2022/07/27/rape-accused-will-have-to-show-consent-belief-was-objectively-reasonable-under-new-reforms

    Rape accused will have to show consent belief was ‘objectively reasonable’ under new reforms

    Minister for Justice Helen McEntee to seek Cabinet approval to overhaul laws on consent, knowledge and belief in rape cases

    ---

    The plans to overhaul consent laws will be contained in a Bill which will also provide for anonymity for victims and the accused in all trials for sexual offences, and not just in rape trials.


    Anonymity for victims in all trials for sexual offences will be guaranteed and extended to additional offences specifically targeting vulnerable victims, including persons with mental illness or a mental or intellectual disability. Anonymity for the accused will also be provided for in case they are found not guilty of the offence. If an accused person is convicted of a sexual offence, they may be identified unless to do so would lead to identification of the victim.


    --

    The victim’s right to separate legal representation if there is an application to question them on their previous sexual experience will be extended to include trials for sexual assault offences not just rape offences as is currently the case.





  • Woman here, cisgender to clarify things. My view is that to deliberately falsely accuse somebody of rape is similar in gravity to being raped.

    I also reckon that both stem from a similar issue; ie people developing from childhood with a growing hatred of the “targeted sex”, probably because of early abuse, without a full loving presence in their young lives. No excuse though, plenty of people have grown up similarly without causing criminal offence to others. Just points out the danger zone where such might develop.

    When something perpetuates and develops in a mind without sufficient other full distraction, people can become obsessed by an issue, and if that is negative, it can be very dangerous.



  • Registered Users Posts: 4,887 ✭✭✭iptba


    I notice that in the wording on this, they used "alleged" injured party rather than simply "injured party"


    Former Fianna Fáil councillor charged with harassing woman in Cork city


    Joseph O’Donovan (47), previously known as Gary O’Flynn, remanded on bail until next month pending directions from DPP



    https://www.irishtimes.com/crime-law/courts/2022/08/17/former-fianna-fail-councillor-charged-with-harassing-woman-in-cork-city


    He was also ordered to have no contact, direct or indirect, with the alleged injured party in the case. This also applies to social media.

    He also must obey a daily curfew from 10pm to 7am.



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  • Registered Users Posts: 4,887 ✭✭✭iptba



    Operation Soteria

    http://empathygap.uk/?p=4268


    In the UK, a few years ago there was a scandal about poor disclosure of evidence to defendants in sexual assault cases

    e.g.

    The most well-known was the Liam Allan case, in which text messages on the complainant’s mobile indicated conclusively that the sex had been consensual. The police had not bothered to search the phone, though it was in their possession – or, perhaps they had, but failed to disclose their findings. Mr Allan avoided a likely 10 year prison sentence only because the prosecution barrister insisted the police hand over the mobile to the defence council to examine.


    The Justice Select Committee in the UK published a report following an investigation.


    Here are a couple of extracts:

    “The Code for Crown Prosecutors is clear ‘Prosecutors must be fair, independent and objective… Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction’.”


    “It is fundamentally important that all police officers recognise both that they are searching for the truth; and that they have core disclosure duties which are central to the criminal justice process..”


    This blog highlights how there are worrying suggestions that there is a move away from this approach with a drive to get more convictions in sexual assault cases.



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