Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Wife jailed for 'false retraction' of rape to appeal

1356711

Comments

  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭IITYWYBMAD


    Zulu wrote: »
    Sure we do. We know someone was falsely accused of rape,
    No we don't, how do we know that, was anybody tried for rape?
    and was vindicated
    Where was the vindication? Point it out to me?
    & we know that their was a scurrilous liar who was found guilty.
    We don't know if she was lying of pressurised into this, we simply don't.


  • Registered Users, Registered Users 2 Posts: 8,758 ✭✭✭Stercus Accidit


    I am not calling for any of that and not saying there should be no consequences. What I am saying is that the whole picture needs reform. And until there is better witness protection than this kind of thing is going to keep happenning and rape victims will stop coming forward.

    I didn't mean to direct it at you personally, I was just running with your quote a little bit and taking the other things said on thread into account also.


  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    The man is innocent until proven guilty, she said she was raped,then says she lied, then when it sees she may get in trouble for lying changes her mind and says that she actually was raped?


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh



    But the awful thing is the message that will be absorbed by the masses is that if you report a rape you are risking prison on some level.

    Rape victims could end up thinking ''If I can't go through with this úntil the end I could end up in prison myself, probably best I just don't report it''
    I agree with this but how can it be solved because I still think the court acted in the right manner. Do people who make rape accusations receive therap throughout the trial, maybe they should and it could be paid for by the court since it is the dragged out court case causing all the added pressure. This would also give the court a more stable reliable witness.


  • Posts: 0 CMod ✭✭✭✭ Raven Refined Oasis


    IITYWYBMAD wrote: »
    We don't know if she was lying of pressurised into this, we simply don't.

    It doesn't matter because the charge was not for lying the charge was for perverting the cause of justice by constantly stop-starting and "making it impossible for them to proceed with the case".
    She was cleared of "making false allegations".


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 7,864 ✭✭✭stimpson


    Emme wrote: »
    Regardless of whether this woman was raped or not (and this HASN'T been proven), the present outcome of her case will discourage other victims of rape and sexual assault from reporting these crimes.

    Do you think the woman bears any responsibility for this?


  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭IITYWYBMAD


    MUSSOLINI wrote: »
    The man is innocent until proven guilty, she said she was raped,then says she lied, then when it sees she may get in trouble for lying changes her mind and says that she actually was raped?

    The man was always innocent. No rape trial took part. No not-guilty verdict was given. No vindication was given, as no rape trial took place. It would have been impossible to conduct a fair trail, given the behavior of the alleged victim, irrespective of her reasons, so she was correctly charged and convicted.

    I also hopes she thinks about the damage she has done to the real victims of rape, as her goings on her are despicable and feed into the leftist feminist agenda that's all too evident here and in the U.K.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭Zulu


    :confused: so what was she found guilty of?


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh


    Emme wrote: »
    Regardless of whether this woman was raped or not (and this HASN'T been proven), the present outcome of her case will discourage other victims of rape and sexual assault from reporting these crimes.

    Thats all true but it doesn't mean it wasn't the right outcome.


  • Closed Accounts Posts: 43,044 ✭✭✭✭Nevyn


    SugarHigh wrote: »
    . Do people who make rape accusations receive therap throughout the trial, maybe they should and it could be paid for by the court since it is the dragged out court case causing all the added pressure. This would also give the court a more stable reliable witness.

    They don't, they have to pursue it themselves and while the rape crises centre does offer counselling and support for court dates, often given the delay in getting a trial date means the victim has worked past a lot of what has happened to them and to revisit it in a hostile environment rips open closed wounds, which is one of the reasons the victim may drop out of the process.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭IITYWYBMAD


    Zulu wrote: »
    :confused: so what was she found guilty of?

    Perverting the course of justice.


  • Registered Users, Registered Users 2 Posts: 2,059 ✭✭✭Buceph


    bluewolf wrote: »
    It doesn't matter because the charge was not for lying the charge was for perverting the cause of justice by constantly stop-starting and "making it impossible for them to proceed with the case".
    She was cleared of "making false allegations".

    I'm not saying she lied about the rape. But she did lie in one of her statements to the police. She said two condradictory things on a number of occasions and was found guilty of perverting the course of justice on that basis.


  • Posts: 0 CMod ✭✭✭✭ Raven Refined Oasis


    Zulu wrote: »
    :confused: so what was she found guilty of?

    Perverting the course of justice by "making it impossible for the case to proceed".


  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    It seems like some posters here think that if a woman claims she was raped the man is automatically guilty.


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh


    Thaedydal wrote: »
    They don't, they have to pursue it themselves and while the rape crises centre does offer counselling and support for court dates, often given the delay in getting a trial date means the victim has worked past a lot of what has happened to them and to revisit it in a hostile environment rips open closed wounds, which is one of the reasons the victim may drop out of the process.

    That's a shame and I really do think court should have to pay for it because like you said it's the court case that is opening wounds. I also believe this to be the only solution to a case like this and that the witness never would have dropped the case so many times if she was more stable.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭Zulu


    bluewolf wrote: »
    Perverting the course of justice by "making it impossible for the case to proceed".
    So if she wasn't lying, how was she perverting the course of justice?


  • Registered Users, Registered Users 2 Posts: 4,607 ✭✭✭Ectoplasm


    I think a lot of people seem to be missing the fact that she attempted to drop the charges and only when police said that they would go ahead did she then make a statement that it was a false allegation.

    What she has gotten into trouble for is making the statement that her original statement wasn't true and thus perverting the course of justice - by saying the allegations were false she was attempting to get police to drop the charges, as she had done originally. The 'repeated' isn't anything to do with other incidents, it is the changing her mind on wanting the case to proceed, then changing her statement to try to force the police to drop the charges.

    I do think it's important for accused people to be able to have a trial but I also wonder, if this woman had been able to get the charges dropped originally, would this have gone so far.

    As another poster said, I think that this does send the message that if you report assault or rape you'd better be damn sure you are able to go through the lengthy process involved in bringing it to trial - otherwise you go to jail.

    FROM THE ORIGINAL:

    "During last week's hearing, prosecutor Simon Parry said she had made a 999 call in November 2009 claiming she had been raped six times by her husband.

    But in January 2010 she said she wanted to drop the charges - although she still maintained they were true.

    Detectives said they would continue with the prosecution and by 11 February the woman altered her statement once more, this time saying the original allegations were false."


  • Moderators, Society & Culture Moderators Posts: 16,698 Mod ✭✭✭✭Silverfish


    I think the key point is here that she was jailed for false retraction, not false allegation.

    She retracted it under pressure from the accused's family, then changed her mind and wanted to proceed, and was punished for preventing the original case from proceeding.


  • Registered Users, Registered Users 2 Posts: 17,799 ✭✭✭✭keane2097


    I'm amazed that people here aren't making a bigger deal of how a man who hasn't even been tried for a crime - never mind convicted - has essentially been branded a rapist here.

    This is a really, really important, terrible thing to have happen, and people don't seem to give a shít.

    The woman in the case in question basically made and retracted statements so many times that the justice system was forced to punish her.

    It should be really hard to trust what she's saying in these circumstances, but we have a man with rapist practically tattooed across his forehead over her.

    Its absolutely mad tbh, scary stuff.


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh


    MUSSOLINI wrote: »
    It seems like some posters here think that if a woman claims she was raped the man is automatically guilty.

    Tbd fair no one has claimed anything like that. I do believe that reforms that some posters would pike to happen would tip the court in favour of the accuser and that's why I don't think the reforms should happen.

    What I do think should happen is ensuring the stability of the accuser by giving her free therapy throughout the case paid for by the court. This will reduce the chance of the accuser dropping charges because they are finding it too hard to go through.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭IITYWYBMAD


    Zulu wrote: »
    So if she wasn't lying, how was she perverting the course of justice?

    As she repeatedly dropped and re-made the allegations, she made it impossible for the rape trial to go ahead, despite the fact the CPS originally found grounds to proceed. Therefore her actions in dropping and re-making the allegations, resulted in the course of justice being perverted. She was charged and convicted. The rape allegation has nothing to do with this, as she would have been convicted had she done the same wrt a stolen vehicle.


  • Registered Users, Registered Users 2 Posts: 4,607 ✭✭✭Ectoplasm


    Personally the biggest reform I'd like to see in cases like these is a speedier trial. In Ireland, it is often a long drawn out process and this favours neither the accused nor the accuser. A speedier process would make it better for a genuine victim and better for a falsely accused defendant.


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh


    Silverfish wrote: »
    I think the key point is here that she was jailed for false retraction, not false allegation.

    She retracted it under pressure from the accused's family, then changed her mind and wanted to proceed, and was punished for preventing the original case from proceeding.

    We don't actually know she was under preassure from the family.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭Zulu


    IITYWYBMAD wrote: »
    As she repeatedly dropped and re-made the allegations, ...
    This to me read: she lied.


  • Registered Users, Registered Users 2 Posts: 4,055 ✭✭✭Emme


    Regardless of whether this woman was raped or not (and this HASN'T been proven), the present outcome of her case will discourage other victims of rape and sexual assault from reporting these crimes.
    stimpson wrote: »
    Do you think the woman bears any responsibility for this?

    No, because prior to this it was very difficult for victims of rape and sexual assault to come forward and report such crimes. This case only hammers home the fact that people who report rape and sexual assault are treated in the same way as alleged witches were in medieval times - trial by ordeal.

    When you think about it, this woman has been subjected to a trial by ordeal, a sort of "ducking" where she has (for reasons known only to herself and her husband) repeatedly retracted her accusation and as a result ended up in jail while the crime she originally reported is still unproven.


  • Closed Accounts Posts: 3,265 ✭✭✭SugarHigh


    EMF2010 wrote: »
    Personally the biggest reform I'd like to see in cases like these is a speedier trial. In Ireland, it is often a long drawn out process and this favours neither the accused nor the accuser. A speedier process would make it better for a genuine victim and better for a falsely accused defendant.

    How would you make it go faster without cutting out parts that have already been deemed necessary?


  • Registered Users, Registered Users 2 Posts: 2,059 ✭✭✭Buceph


    Silverfish wrote: »
    I think the key point is here that she was jailed for false retraction, not false allegation.

    She retracted it
    under pressure from the accused's family, then changed her mind and wanted to proceed, and was punished for preventing the original case from proceeding.

    She didn't retract it, she made a new false contradictory statement. You can't retract a statement made to the police, it will always be there (bar statutory destroyal of evidence, etc..) Then when told she could face trouble because of the contradiction in her two statements, she made a third statement going back to the story in the original. People saying she lied should be aware that the lie was in the contradictory statements, not in the rape allegation, we'll probably never know if that was true or not. The court did find however that there was enough reasonable doubt that the rape allegation could be true, so didn't convict her on false allegation.

    The contradictions in what she was saying amounted to perverting the course of justice. The lie is implicit to the contradictory statements.

    As for the family pressure, she didn't accuse them of witness intimidation, at worst she accused them of being ignorant of her own plight. That's something she has to deal with and isn't a defense for what she did.

    All that being said, and like I said from the beginning. I think it would be wise if the judge somehow arranged for her punishment to be getting help. She's obviously messed up and turned inside out from the whole process. A process that no-one has proposed a method of bettering while maintaining the standards of our judicial system. If supplementary systems like counselling were more closely tied to the entire process, integrated to it, it might be better for all. On both the accusor and accusee side.


  • Registered Users, Registered Users 2 Posts: 10,967 ✭✭✭✭Zulu


    Emme wrote: »
    No, because prior to this it was very difficult for victims of rape and sexual assault to come forward ...
    Do you have any concern for the man in this case?


  • Moderators, Society & Culture Moderators Posts: 16,698 Mod ✭✭✭✭Silverfish


    SugarHigh wrote: »
    We don't actually know she was under preassure from the family.

    From the news article in the OP:
    She told police her husband's relatives had convinced her to drop the charges.

    But sure, yes, just because the BBC reported it doesn't make it true, but then it might not be true that she retracted the allegations either, but I'm just taking the news report as fact, if you have more facts from another source I haven't seen.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,035 ✭✭✭IITYWYBMAD


    Zulu wrote: »
    This to me read: she lied.

    We all know she lied when she made and then withdrew the allegations, however what end was she lying on? Do you have some information on this that clearly shows she was lying when she initially made the allegation? If so, show it to me.

    You specifically said she lied about being raped, nobody bar her and the accused know this. You claim that he was vindicated, he was not.


Advertisement