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Court of Appeal overturns rape convictions for teenage boy and criticises defence lawyer Brandt Shortland in miscarriage of justice

lostapwbm

November 9, 2018
62 upvotes
/r/MensRights
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12156071
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Title Court of Appeal overturns rape convictions for teenage boy and criticises defence lawyer Brandt Shortland in miscarriage of justice
Author

lostapwbm

Upvotes 62
Comments 6
Date November 9, 2018 4:52 PM UTC
(7 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/9vm2mj/court_of_appeal_overturns_rape_convictions_for/
Archive Link https://theredarchive.com/r/MensRights/court-of-appeal-overturns-rape-convictions-for.1183941
https://theredarchive.com/post/1183941
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Comments

[–]lostapwbm[S] 22 points23 points24 points 7 years ago (4 children) | Copy Link

TL;DR

  • Patrick's mom and dad were both pieces of shit.

  • Foster family used him for manual labor and touched him funny.

  • In a state group home, another kid named Mark got jealous of Patrick and accused Patrick of raping him at knife-point.

  • Patrick gets convicted and sentenced to 4-and-a-half years of incarceration with strict probation.

  • After the conviction, Mark admits that Patrick never touched him.

  • Patrick's defense attorney sat on admission for 10 years.

  • Mark tried to sue the government for the rape 10 years later. Surprise, surprise, the evidence of Patrick's innocence pops up with the government's money is at issue.

  • A former prosecutor takes Patrick's case and gets his original conviction overturned on appeal.

The State doesn't have help for men and boys; only punishments.

[–]AnotherDAM 16 points17 points18 points 7 years ago* (2 children) | Copy Link

A former prosecutor takes Patrick's case and gets his original conviction overturned on appeal.

Not just overturned, "quashed" (as in, admitted this wasn't some technicality but an abject miscarriage of justice all around) and the appeals court took the extraordinary step of ordering there be no retrial.

Personally I would like to see partial compensation come out of the original judge's pension.

[–][deleted] 7 years ago (1 child) | Copy Link

[permanently deleted]

[–]AnotherDAM 0 points1 point2 points 7 years ago (0 children) | Copy Link

You can bet THAT is already in the works.

Lawyers are like hyenas in that sense ... they have no compunctions taking one of their own apart - judges and prosecutors have wrapped themselves in State immunity which is more difficult to penetrate.

[–]Cristi_Tanase 11 points12 points13 points 7 years ago (0 children) | Copy Link

Fucking hell... that was a horrible read... omg.

Did anyone PAYED for what they did to him? The state, the justice system, the liar, anyone?

[–]antilopes 2 points3 points4 points 7 years ago (0 children) | Copy Link

A particularly horrible aspect to false conviction for sexual offences is that treatment requires admitting what was done. Making a false admission so as to be able to go through treatment in order to be paroled or released at all must be very hard.

This story is a textbook case of the effect of abuse in early childhood. So much of the psychological equipment required for a functioning adult is not built, or is malformed. People have to be held responsible for their later criminality but it is very understandable. I would like to have prison sentences reduced and the money put into prevention - improving the fostering system, early childhod education, parent support etc.

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