BARBELITH underground
 

Subcultural engagement for the 21st Century...
Barbelith is a new kind of community (find out more)...
You can login or register.


Rape, Crime and Privacy

 
 
Our Lady of The Two Towers
11:33 / 11.08.01
If person A accuses person B of rape, then person B will have their name made public while person A will be anonymous. I'm thinking specifically of Craig Charles who was accused a couple of years ago of rape (which led to BBC Legal judiciously cutting at Red Dwarf repeats), was eventually cleared but had his name dragged through the mud while the woman was never identified. Call me crazy but this would seem to go against innocent until proven guilty, or allows the media to act as their own judge and jury. Luckily Craig is a quite liked bloke, but what if it's someone that is thought a 'bit of a bastard'. They could have their careers ruined and the person doing it gets away scott free. With the case of the Hamiltons, it seems news worthy only because it's them, and I'm wondering how many people have made up their mind on that basis.

Should the law be changed to ensure privacy for all? How long shouldthis privacy last, up to a prosecution/acquital or even longer?
 
 
Spatula Clarke
11:50 / 11.08.01
Privacy for both parties should be assured until either a prosecution or acquittal.

The case I remember is one from about ten years ago, the first widely publicised 'date rape' case in the UK. The guy who was accused had his name and face plastered all over the papers for weeks. Eventually he was proven innocent.
 
 
Cat Chant
09:36 / 12.08.01
AFAIK someone who is charged with any crime has their name made public. The only reason the victim's name in a rape case is kept private, unless the victim waives anonymity, is because it's the only crime where the *victim* is likely to be vilified, abused, and further fucked over if hir name is known, regardless of the outcome of the case.

Any celebrity involved in any crime is going to be all over the papers. I don't see why being charged with rape should win you anonymity over being charged with anything else.

And I don't think saying "the suspect's name is published while the victim's isn't" is quite fair: it seems to me to be close to assuming that suspect and victim are on a level playing field, which they're not. Surely the suspect should be being compared to people suspected of other crimes, not people who have been the victim of a crime.

From the statistics, which I used to know, I would say the risk to men of being falsely accused of rape by hysterical/malicious people - and that accusation then getting as far as court - is low enough for those charged with rape not to need special protection under the law, where victims of rape do.
 
 
Spatula Clarke
09:36 / 12.08.01
With regards to "privacy for both parties" I wasn't just talking about rape cases. Should have made that clearer.
 
 
Our Lady of The Two Towers
21:07 / 12.08.01
But making someones who has not yet been found guilty of a crime could leave them in as bad a social position even if they are later acquited. Tabloids love prosecuting someone, they take up less space when he's found innocent.

When we had all the panic about paedophiles I, and some other gay or gay-identified men, felt we had to be very careful about what we did when we were anywhere near children, sometimes tricky when you work in a public library. If some hysterical parent had charged me with something, do you think I would have been able to keep my job, even if I hadn't done anything? Probably I was just feeling paranoid but I saw it as a real danger.
And I see the same problem with things such as rape. I'm not saying more pressure should be put on the person making the charge, I'm fully aware that it is a real problem and the law is often biased, I'm just saying that the thing which could make it a little bit fairer for all concerned without causing inconvenience to anyone except media people isn't being done.
But for a judges decision we wouldn't know who the Bulger killers were...
 
  
Add Your Reply