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'Just because they're cleared, doesn't mean it's made up': Britain's top prosecutor sparks controversy by saying many men acquitted in rape cases are not falsely accused

JohnKimble111

October 10, 2017
99 upvotes
/r/MensRights
http://www.dailymail.co.uk/news/article-4965676/Dinosaur-Radio-4-host-John-Humphrys-slammed-online.html#article-4965676
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Post Information
Title 'Just because they're cleared, doesn't mean it's made up': Britain's top prosecutor sparks controversy by saying many men acquitted in rape cases are not falsely accused
Author

JohnKimble111

Upvotes 99
Comments 39
Date October 10, 2017 5:05 PM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/75igss/just_because_theyre_cleared_doesnt_mean_its_made/
Archive Link https://theredarchive.com/r/MensRights/just-because-theyre-cleared-doesnt-mean-its-made.913171
https://theredarchive.com/post/913171
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Comments

[–]RapeMatters 51 points52 points53 points 8 years ago (16 children) | Copy Link

I mean, in point of fact, it's true. A person acquitted a crime did not necessarily not commit it in point of fact.

It just wasn't proven they did it.

That being said, our approach to such people probably should be to presume they didn't do it unless we have specific personal knowledge of evidence to the contrary.

[–]furchfur 18 points19 points20 points 8 years ago (4 children) | Copy Link

OR Just because someone makes a rape allegation does not mean that it is true! You forgot to mention that.

[–]RapeMatters 2 points3 points4 points 8 years ago (3 children) | Copy Link

Yes. We can't even be certain someone convicted made it true.

I just looked at the craziest case where the court admitted "dream evidence".

[–]LinkandShiek 1 point2 points3 points 8 years ago (2 children) | Copy Link

What the hell is "dream evidence"?

[–]RapeMatters 5 points6 points7 points 8 years ago (1 child) | Copy Link

http://www.denverpost.com/2016/11/14/clarence-moses-el-retrial-verdict/

Relevant quote:

When police first asked her about the attacker, she had said she didn’t get a good look at him but described the man as having a hairstyle that Moses-EL did not. And, she has said the identification of Moses-EL — with whom she had feuded — came to her in a dream.

[–]ThirdTurnip 2 points3 points4 points 8 years ago (0 children) | Copy Link

The depths of human stupidity may be truly infinite.

[–]Luchadorgreen 2 points3 points4 points 8 years ago (0 children) | Copy Link

Yes, and just because someone is convicted doesn't mean they did it.

[–]Rockbottom503 2 points3 points4 points 8 years ago (1 child) | Copy Link

It’s funny though, that the only crime which great lengths are gone to highlight this is rape! Why is that..... could it possibly be that it’s a gender specific offence by it’s very definition?!?!? Using that same mantra though, it’s also important to remember that someone convicted of any offence might or might not have committed the actual crime they’re convicted of! Miscarriages of justice happen as well....... particularly where the environment is created to simply increase conviction rates for the sake of meeting a statistical target, rather than worrying about actual justice.

[–]Silidon 1 point2 points3 points 8 years ago (0 children) | Copy Link

The only crime where people know an NG isn't the same as being innocent is rape? I'm sure OJ will be thrilled to hear that.

[–]kartu3 1 point2 points3 points 8 years ago (0 children) | Copy Link

True

"We are not sure" is what we know about them.

[–]lostapwbm 2 points3 points4 points 8 years ago (2 children) | Copy Link

So..."why would a woman EVER lie about rape", then?

[–]RapeMatters 4 points5 points6 points 8 years ago (0 children) | Copy Link

why would a woman EVER lie about rape

Not sure if a serious question or not. Yes, the world is that way.

[–]mwobuddy 1 point2 points3 points 8 years ago (0 children) | Copy Link

Why would a person ever lie about being harmed by another person?

ftfy.

[+]MraBob1 points 8 years ago [recovered] (3 children) | Copy Link

In "normal" cases where the jury evaluated evidence to determine guilty beyond reasonable doubt, yet.

In rape cases however, the jury acts as truth seers who don't evaluate evidence but instead make a determination about who is telling the truth.

Thus an acquittal is the same as a finding of guilt of a false accusation.

[–]RapeMatters 40 points41 points42 points 8 years ago (2 children) | Copy Link

Thus an acquittal is the same as a finding of guilt of a false accusation.

Um, no.

The jury is still required to convict beyond a reasonable doubt. That means you can believe the complainant but still have a reasonable doubt as to accuracy, and that would require a "not guilty" even if you think it's true. Whether they always do hold the situation to that standard or not is questionable, but that's the way it should work. In theory.

[+]MraBob1 points 8 years ago [recovered] (1 child) | Copy Link

Listen to this cunt.

[–]RapeMatters 17 points18 points19 points 8 years ago (0 children) | Copy Link

Listen to this cunt.

Is it making lots of noise?

[–]GryphonFeathers 8 points9 points10 points 8 years ago (0 children) | Copy Link

This is technically true. Not enough evidence to prove the accused is guilty isn't evidence beyond a reasonable doubt that the accusation was false.

[–]Consilio_et_Animis 5 points6 points7 points 8 years ago (0 children) | Copy Link

"When we did some research we looked at more than 5,500 cases and found only a very, very small minority where we thought there was a false or malicious allegation."

Really? Who was the "we" who did this "research"? And what magical crystal ball do you have that enables you to identify if someone is telling the truth or not?

Strange that when your "research" folks looked at this CCTV, that clearly proved a rape was impossible, you still proceeded with a prosecution:

http://www.dailymail.co.uk/news/article-3435317/Tried-sex-crime-brushed-past-film-star-rush-hour.html

[–]factsenrageyou 10 points11 points12 points 8 years ago (0 children) | Copy Link

"You are ALWAYS guilty of ANY accusation a vagina owner throws your way, MALE! Now, just WHERE have all those good men gone?" - A frighteningly large portion of Western Women these days.

[–]BetterBadIdeas 4 points5 points6 points 8 years ago (1 child) | Copy Link

She's not wrong but the only reason to point out that someone found not guilty was not, in fact, proven innocent, is to insinuate that the party found not guilty should still in some sense be treated as guilty purely for having been accused.

[–]Mode1961 0 points1 point2 points 8 years ago (0 children) | Copy Link

After the Duke Lacrosse fiasco.

"I am not sure what happened but it is obvious something bad happened to her".

[–]Ted8367 3 points4 points5 points 8 years ago (0 children) | Copy Link

Ms Saunders said: ... 'When we did some research we looked at more than 5,500 cases and found only a very, very small minority where we thought there was a false or malicious allegation.

So much for her "research".

[–]IronJohnMRA 3 points4 points5 points 8 years ago (2 children) | Copy Link

'Just because they're cleared, doesn't mean it's made up'

Now that bothers me. It's almost as if she's saying that even though men are cleared, they were really guilty all along, and must have done something harmful. Or that they simply got away with it.

[–]JebberJabber 0 points1 point2 points 8 years ago (0 children) | Copy Link

That is the nature of rape trials, and investigations, and of the decision to report. At each stage the majority of genuine offenders is let off the hook, so in the end only a tiny percentage of rapists are ever convicted.

I suspect the interviewer was trying the line "if they were not convicted, how do we know it happened?

We don't know beyond reasonable doubt, in individual cases. It might be dog's-balls-obvious on the level of proof we would need to decide whether to keep someone in our friend group. Or it might be highly suspicious. The prosecutor would not proceed if they didn't have a good chance of conviction though, about 50% in most places.

Except when the defense comes up with something surprising, I'd guess most of the cases prosecuted did involve serious wrongdoing even if it was not technically rape. Some false complaints must slip through and get prosecuted but I'd imagine the great majority would get filtered out in the investigation stage.

[–]hitbacio 0 points1 point2 points 8 years ago (0 children) | Copy Link

The alternative is to say that just because they were cleared, the accuser lied. Which ever way you spin it it can sound like you are accusing someone of a crime they haven't been convicted of.

[–]KR_Blade 2 points3 points4 points 8 years ago (0 children) | Copy Link

ill say this is both a argument that can go both ways, on one side, its true that some real rapists go free but on the other side, its also trying to say that false rape accusations are false and they are always telling the truth.

[–][deleted] 5 points6 points7 points 8 years ago (0 children) | Copy Link

Don't worry Alison your failed and malicious rape cases will ensure the system "works" far more reliably than if you hadn't tampered with the video evidence against(for?) Mark Pearson amongst other atrocities.

[–]Pathfinder24 5 points6 points7 points 8 years ago (0 children) | Copy Link

Similarly, just because they're guilty doesn't mean they did it.

Welcome to the imperfect world.

[–]furchfur 2 points3 points4 points 8 years ago (0 children) | Copy Link

Given that it cannot be tested either one way or the other and given the law must be equitable, One could start with a presumption that 50% of all allegations are false. Or 50% of all allegations are true.

[–]ifelsedowhile 2 points3 points4 points 8 years ago (0 children) | Copy Link

technically she's right: if their faces weren't plastered all over the place that'd be great too.

[–]ThePigmanAgain 2 points3 points4 points 8 years ago (0 children) | Copy Link

And just because they are convicted doesn't mean they actually did it.

[–]BlueOrange22 1 point2 points3 points 8 years ago (1 child) | Copy Link

Of course, this will be true until a foolproof lie detector test is invented. This doesn't change the issue of allegations that are, recognizing one doesn't mean you can't recognize the other.

[–]JebberJabber 0 points1 point2 points 8 years ago (0 children) | Copy Link

We don't even have a lie detector that is reliable on normal people. They detect stress, but not the cause of the stress.

Traumatised people have been found to be terrible subjects for lie detector tests, which is why the tests have not been used in rape cases for a long time.

[–]craschnet 1 point2 points3 points 8 years ago (3 children) | Copy Link

Under the fucking law they are.

[–]Mac4491 3 points4 points5 points 8 years ago (2 children) | Copy Link

It just means it wasn't proven.

Plenty of people get found not guilty of lots of crimes every day. Doesn't mean they didn't do it and it doesn't mean the accuser is a liar.

[–]craschnet -1 points0 points1 point 8 years ago* (1 child) | Copy Link

The mentality of Guilty till proven Innocent. This is exectly why we have due process.

Using your logic: Plenty of people get found guilty of lots of crimes everyday. Doesn't mean they did do it and it does mean that some accusers are liars with zealous prosecutors. RIGHT?

[–]Mac4491 2 points3 points4 points 8 years ago (0 children) | Copy Link

Under the fucking law they are.

I refer back to your previous comment. Just because they are found not guilty does not necessarily mean they were falsely accused. Your statement, in cases where someone got away with it, is in fact wrong.

The mentality of Guilty till proven Innocent.

I don't have that mentality at all. Just pointing out that your initial statement has the possibility to be completely incorrect.

Plenty of people get found guilty of lots of crimes everyday. Doesn't mean they did do it and it does mean that some accusers are liars with zealous prosecutors. RIGHT?

Well of course. This is entirely correct. Doesn't change anything about what I said though.

[–]arkyleslyfox 0 points1 point2 points 8 years ago (0 children) | Copy Link

So what happened to "innocent until proven guilty"?

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