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Queensland Parliament passes new domestic violence laws granting victims 'special witness' status

rbrockway

October 15, 2015
22 upvotes
/r/MensRights
http://www.abc.net.au/news/2015-10-15/laws-against-domestic-violence-passed-mps-rally-with-red-roses/6858506
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Title Queensland Parliament passes new domestic violence laws granting victims 'special witness' status
Author

rbrockway

Upvotes 22
Comments 10
Date October 15, 2015 11:50 AM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3ouhi0/queensland_parliament_passes_new_domestic/
Archive Link https://theredarchive.com/r/MensRights/queensland-parliament-passes-new-domestic-violence.969357
https://theredarchive.com/post/969357
Red Pill terms in post
domestic violence
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Comments

[–]bertreapot 5 points6 points7 points 10 years ago (3 children) | Copy Link

Victims of domestic violence will no longer have to face their alleged attacker in court under laws passed in Queensland.

What does this mean? No cross examination? Wouldn't that fail due process?

[–][deleted] 2 points3 points4 points 10 years ago (0 children) | Copy Link

As their pm has proudly proclaimed in the past, Australia does not have a bill of rights.

[–]rbrockway[S] 0 points1 point2 points 10 years ago (1 child) | Copy Link

As I understand it means that the accused will not be in court at the same time as the accuser.

It has just been pointed out to me that this is already in place in some jurisdictions and means that an accused who is representing himself cannot cross-examine a key witness (his accuser).

[–]bertreapot 1 point2 points3 points 10 years ago (0 children) | Copy Link

so, as long as he have an attorney he can cross examine her, while you're not in the room? weird.

i know that australia isn't the US, but we're both common law countries, so i thought that a lot of our due process concerns overlap. in the US you have the right to "face" your accuser, which to me means, in addition to cross examination, means that they have to tell their version of events to your face. There is a huge advantage to having you both there, as if the witness is lying they may not have the balls to do it to your face in open court.

My understanding was the concept of being able to face your accuser started with Sir Walter Raleigh in England, who was accused of treason. Some of the witnesses against him had given statements but weren't there to testify against him in court. Raleigh argued that their stories would probably change if they were to face him, as their statements were probably coerced, and if they faced him they were more likely to tell the truth.

Also, a judge and jury can determine by your facial expressions etc. whether you are telling the truth or not. If the accused isn't there in the room, it is probably a lot easier for his accuser to act confident if she is lying.

[–]casusbelli1 3 points4 points5 points 10 years ago (3 children) | Copy Link

I feel like these sort of laws merely up the ante. I mean, if being caught up in a domestic violence case means that you face stiff penalties with minimal due process, then one reaction is to avoid any situation in which you could be plausibly accused of dv. The other is to cause true harm, that is enough harm to justify the punishment that's coming your way.

[–]iandmlne 0 points1 point2 points 10 years ago (2 children) | Copy Link

Don't worry, they'll complain about dead beat dads next.

[–]Leinadro 0 points1 point2 points 10 years ago (1 child) | Copy Link

And then they will come for the men that opt out of relationships altogether.

[–]iandmlne 2 points3 points4 points 10 years ago (0 children) | Copy Link

Bachelor tax.

[–][deleted] 0 points1 point2 points 10 years ago* (0 children) | Copy Link

And there is already a thing called ex parte trials, where you can be tried convicted and sentenced without being invited to your own trial, knowing the charges against you, or being able to present a defence. The police just show up and tell you if you go anywhere near your own home, you'll be thrown in jail.

Marriage? I'll pass thanks.

[–]Max2000Warlord 0 points1 point2 points 10 years ago (0 children) | Copy Link

Queensland: Australia's official joke state.

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