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Female head of an Australian rape court proclaims "there is a great deal of denial" -- I wonder how presumption of innocence works in a court like that!

[deleted]

February 11, 2017
81 upvotes
/r/MensRights
http://www.theage.com.au/victoria/a-day-in-the-life-of-the-sex-court-20161006-grwgw8.html
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Title Female head of an Australian rape court proclaims "there is a great deal of denial" -- I wonder how presumption of innocence works in a court like that!
Author

[deleted]

Upvotes 81
Comments 8
Date February 11, 2017 9:55 AM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/5tda71/female_head_of_an_australian_rape_court_proclaims/
Archive Link https://theredarchive.com/r/MensRights/female-head-of-an-australian-rape-court-proclaims.932157
https://theredarchive.com/post/932157

Comments

[–]Lrellok 13 points14 points15 points 9 years ago* (2 children) | Copy Link

"Apart from one exception, all the defendants are men."

Yeah....this is not discriminatory at alllllll.

"First, the person accused of sexual assault is a woman. And, second, she is in court because police want to force her to expose her body against her will for forensic photography – in a way, turning the whole notion of the court on its head."

"They win their bid to have a forensic medical officer photograph Arredondo's pelvic area, but they fail in their application to have her breasts photographed – magistrate Metcalf rules it is too intrusive."

I wonder how many men have been ruled "To Intrusive" to have pictures of their body parts taken.

[–]mwobuddy 5 points6 points7 points 9 years ago (0 children) | Copy Link

"First, the person accused of sexual assault is a woman. And, second, she is in court because police want to force her to expose her body against her will for forensic photography – in a way, turning the whole notion of the court on its head."

WUuuuuuuaaaa? I thought the notion of the court was to establish if a crime was committed and by who, regardless of gender?

[–]ThirdTurnip 0 points1 point2 points 9 years ago (0 children) | Copy Link

"They win their bid to have a forensic medical officer photograph Arredondo's pelvic area, but they fail in their application to have her breasts photographed – magistrate Metcalf rules it is too intrusive."

That for me was the killer. Both for the court's decision and the manner in which the article's author frames it.

If we're talking about sexual assault allegations - especially against a child - and the alleged victim claims knowledge of distinguishing features of their alleged abuser's body which they'd almost certainly only know if they'd been abused, then the police should be allowed to take photographs.

That's just sensible. Actual evidence like this in historical cases is notoriously hard to come by. And here's a court denying the police access to it.

[–]double-happiness 7 points8 points9 points 9 years ago (0 children) | Copy Link

Katrina Arredondo was a youth officer 20 years ago. She is now charged with sexually abusing a teenage boy who was a detainee under her care, and after he left youth detention, when he was 15 and 16.

Police are applying to have Arredondo's breasts and lower abdomen photographed to see whether she does in fact have marks and a scar that correspond with the 20-year-old recollections of the then-teenager.

They win their bid to have a forensic medical officer photograph Arredondo's pelvic area, but they fail in their application to have her breasts photographed – magistrate Metcalf rules it is too intrusive.

'Too intrusive' to photograph the accused's breasts for a sex abuse allegation? I thought we were all supposed to be pretty relaxed about breasts these days, what with more public breast feeding, topless beaches, and all. Such forensic photography can't be that much different from a getting a mammogram. It wasn't all that long ago I saw a video of a guy accused of rape getting his pubes pulled out by a pair of female cops for DNA testing, but the magistrate in this case won't even allow forensic photography of a woman's breasts.

[–]Imnotmrabut 3 points4 points5 points 9 years ago (0 children) | Copy Link

It takes an inhuman effort not to lock eyes with the men – and they are overwhelmingly men – sitting on the chairs, and wonder: "What did you do?"

1) So Australia has female Sex Offenders, but that can't be stated openly or directly, only implied and glossed over with a male Reference?

2) Court Staff and Officers are Biased and fail to meet the obligations of Due Process and presume that anyone present is Guilty and not Innocent until Proven Guilty.

There are rapists, up-skirters, gropers, child pornographers and online harassers. Sometimes there are women.

Oh They do admit that women can be charged with criminal acts, but deliberately only say it after a list so that the Women only get tagged with the last entry of "online harassers".

So for the record:

1) Australian Women can be Rapists/Sex Offenders.

Tearful teacher jailed for sex with boy, 15 - A crimes victim group said Ellis's original sentence reflected a double standard for male and female sex offenders. - Sydney Morning Herald

2) Australian Women can be Stalkers and Full On Bunny Boilers

Germaine Greer was attacked in her Essex home by a female stalker; Catherine McClements also received uninvited attention from a female fan,.. Sydney Morning Herald

3) Australian Women Grope

Not sure if the Australian media are aware of this as yet, mainly because they seem to still think that any women grabbing a guys Junk has to be taken as acceptable, funny and based on the erroneous idea that all men are up for it all the time! You see this pattern at Sydney Mardi Gras where G.A.Y. Men's Bodies are seen as public property and open to molestation (Pet Peeve).

[–]MisterDamage 1 point2 points3 points 9 years ago (0 children) | Copy Link

Not a single finding of guilt but so very many clear statements that the accused are, one and all, guilty as charged. It is the adjudication of alleged sex offenses, alleged domestic violence and divorce cases that will usher in the end of Blackstone's formulation:

"It is better that ten guilty persons escape than that one innocent suffer"

[–]LawBot2016 1 point2 points3 points 9 years ago (0 children) | Copy Link

The parent mentioned Presumption Of Innocence. Many people, including non-native speakers, may be unfamiliar with this word. Here is the definition(In beta, be kind):


The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty. In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is also regarded as an international human right under the UN's Universal Declaration of Human Rights, article 11. The burden of proof is thus on the prosecution, which has to ... [View More]


See also: Ei Incumbit Probatio Qui Dicit, Non Qui Negat | Trier Of Fact | Breach Of Contract

Note: The parent poster (hailmeji) can delete this post | FAQ

[–]Ted8367 1 point2 points3 points 9 years ago (0 children) | Copy Link

Most of the positions of power in the court, on this day at least, are occupied by women – the magistrate, Metcalf, her clerk, two police prosecutors, an Office of Public Prosecutions prosecutor, and many of the defence lawyers.

That must be wrong, because we live in a patriarchy.

Apart from one exception, all the defendants are men.

That's a lot of toxic male privilege those brave women have to face.

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