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Australian judge calls for urgent review of Rape Shield legislation
posted by Hombre on Monday September 01, @10:26AM
from the men's-activists-speaking-out dept.
News A new law due to be passed in two weeks stating that defenders in rape cases are not allowed to cross examine prosecutors, instead using a "person" appointed by the court to question them on the defendants behalf has rightfully drawn the ire of Justice Brian Sully, whom we hope can inspire common sense in the Australian Parliament. Some excerpts from the article...

But Justice Sully said that if the legislation, due to take effect on September 11, went through in its present form, there was a "very real risk" that the case before him would miscarry.

"It is imperative that someone get through that if we have this sorry interference with the law, it had better be done in a way that is workable - and this is probably unworkable."

Justice Sully said he presumed that the "person" would be legally qualified and be prepared to act without fee. But he asked where such a person would be found. "What am I to do, ring the Bar Association and say, 'The best I can tell you is that the person is to be questioned in a week's time and I will send your chambers two folders'?" he asked.


http://www.smh.com.au/articles/2003/08/29/1062050674873.html

Woman kidnapper! | Prosecutors Fight DNA use for Exoneration  >

  
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In Need of Clarification (Score:2)
by Thomas on Monday September 01, @11:45AM EST (#1)
(User #280 Info)
whom we hope can inspire common sense in the Australian Parliament. Some excerpts from the article...

Who are "we?"
Re:In Need of Clarification (Score:2)
by HombreVIII on Monday September 01, @12:14PM EST (#3)
(User #160 Info)
"We" are all the people who feel that a man accused, even when he's accused of rape, has the right to face his accuser. I hope I can safely say that includes the mensactivism admin team and the majority of the site's readers.
Re:In Need of Clarification (Score:2)
by Thomas on Monday September 01, @01:10PM EST (#5)
(User #280 Info)
I hope I can safely say that ("we") includes the mensactivism admin team and the majority of the site's readers.

Hombre,

Since you've written this on the MANN board, I am going to respond on the MANN board. While I agree with you in this case, I must ask you not to presume to speak for me in the future.
Re:In Need of Clarification (Score:2)
by Thomas on Monday September 01, @01:22PM EST (#6)
(User #280 Info)
If you would like to discuss this further, I think we should move it to MANN-admin email.
Where Our Priorities Are (Score:2)
by Luek on Monday September 01, @11:45AM EST (#2)
(User #358 Info)
It is revealing of the mindset of Western society that a man can get more time in prison for the ambiguous charge of marital rape than for committing espionage.

http://www.strike-the-root.com/columns/Miller/mill er1.html

But of course in Western countries legal careers are based and money to be made, after all the first order of business of the law is to make more business for itself, guarding poor little females from the ravenous sexual appetites of predatory males.

Seriously, it is time for men to start demanding that rape laws be reformed to protect the accused from false allegations and bring sentencing into line with the reality of the charge. And mandatory DNA testing of all men arrested for rape. No more of this horseshit of serving decades in prison and then being found innocent from a simple little blood test!!!
Re:Where Our Priorities Are (Score:1)
by Adam H (adam@mensactivism.org) on Monday September 01, @12:24PM EST (#4)
(User #362 Info)
It is revealing of the mindset of Western society that a man can get more time in prison for the ambiguous charge of marital rape than for committing espionage.

I think that would be a good Ask Ads topic for this week.
Re:Where Our Priorities Are (Score:2)
by Dan Lynch on Monday September 01, @02:53PM EST (#9)
(User #722 Info) http://www.fathersforlife.org/fv/Dan_Lynch_on_EP.htm
Not just that, but the right to face the accused period is being destroyed. How can anyone not see this as a sick and twisted form of totalitarianism creeping its way into to destroy the rights and freedoms of countries.

90% of these accusations are total bullshit and they know it, why else would they go to such extremes?

Her word alone is not good enough.
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.... the heck? (Score:1)
by crescentluna (evil_maiden@yahoo.com) on Monday September 01, @02:44PM EST (#7)
(User #665 Info)
lemme see if I understand this, in order to protect the fragile harmed victim the prosecutor isn't allowed to see them face to face? thereby questions must be sent to them, away from the trial? Or the defender isn't allowed to be present at the trial and thereby a safe, court-appointed entity is found to question, only the questions assigned?
Who doesn't think a case has been resolved because a witness or two is so obviously lying the jury is appalled? Not as often in the media, but a few real trials this crops up. Can a court-appointed person, NOT trying to prove the innocence of the defendant be trusted to pick this up as much? Someone responds a lot better, too, to questions on a slip of paper than in front of the jury.

If we're going to be fair, what about protections for the alleged rapist? It'd be nice if people started thinking of the accused rapist as not automatically evil and wrong, but rather as someone accused, in our society, as something worse than murderer. Something to bring up in one of my annoying classes, should the occaision arise.
Re:.... the heck? (Score:1)
by Boy Genteel on Monday September 01, @02:53PM EST (#8)
(User #1161 Info)
"Something to bring up in one of my annoying classes, should the occaision arise."

What sort of classes and are you a student or an instructor?


Re:.... the heck? (Score:1)
by crescentluna (evil_maiden@yahoo.com) on Monday September 01, @03:02PM EST (#11)
(User #665 Info)
"What sort of classes and are you a student or an instructor? "

I'm a student, right now in Sociology and Psychology, chock full o' generalizations about men [which are okay] and a fierce stance against generalizations about women.
You have the right to face the accuser! (Score:2)
by Dan Lynch on Monday September 01, @03:01PM EST (#10)
(User #722 Info) http://www.fathersforlife.org/fv/Dan_Lynch_on_EP.htm
Enough said.

These boys obviously don't feel they are guilty. I can tell you I've seen it enough times that a young girl will lie to protect her reputation any day of the week, sending loads and loads of innocent young men to jail for vanity.

Rape is such a bullshit accusation anymore. It's hurt real victims and innoncent men by the thousands.
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