Took me literally 3 minutes, Capn. Learn to Google.
http://www.metronews.ca/news/ottawa/...perts-say.html
Took me literally 3 minutes, Capn. Learn to Google.
http://www.metronews.ca/news/ottawa/...perts-say.html
I don't have a problem with the process (except asshole cops when they happen) most of the flaws are part of a fair judicial process for the accused. This to me is far more important
When I reported rape the police laughed at me
"Come on guys, everyone knows that women are magical creatures because they have tits and a vagina! That means that they would NEVER tell a lie or make shit up, so if they accuse a disgusting, filthy man-animal of something, it HAS to be true, so she shouldn't be responsible for anything else than the initial incrimination! Anyone who says otherwise is a sexist pig-animal!!!"
^ Apparently what people who bitch about this stuff think.
Here we agree, but I'm not sure what the solution is other than removing some layers of protection in the overall justice process so things can flow more efficiently.
Wouldn't hurt to set aside some dedicated judges specifically to fast-track sexual victimization cases I guess - would also ensure they see enough of them that they're well prepared to deal with those cases too.
Not sure about canada, but in the us the accused has a right to a speedy trial. Not the accuser.
https://en.wikipedia.org/wiki/Speedy_Trial_Clause
In addition, the accused may waive this right, usually to give their defense more time to prepare a proper defense.
.
"This will be a fight against overwhelming odds from which survival cannot be expected. We will do what damage we can."
-- Capt. Copeland
flaws on step three
reason police want women to have sexual assault evidence kit taken is in the title of the kit so to give the police and prosecutor the evidence so to help convict the perp. It would be the same as wanting the police to find who ever robbed your house but don't want the police to enter your house to gather evidence who robbed it
flaws on step four and five
the interview is so to help the investigator gather as much evidence as possible and if the perceived victim refuses to give that information it leaves the police no choice in many cases not to proceed because you have to show the grand jury or judge enough evidence to warrant the arrest
flaws in step ten
it is the job of the defense attorney to do what ever is legal allowed in the defense of their client and as a matter of fact a defense attorney can have action taken against them if they don't
flaws in step 11
that is the way it should be one should not be forced to take the stand in his or hers own defense and the proof belongs to the prosecution that the accused committed the crime not the other way around
last flaw
it is meant so that it is difficult to get a conviction on any crime not just rape in the belief that if you make it difficult to get convictions the less of a chance you have putting some one innocent in jail
I don't know what women want. do they feel cases of rape need less of a burden of proof then any other crime? do they feel ones accused of rape are guilty till they prove their innocence? If your going to want the procedures rules and law change in cases of rape then you are going to have to change the procedures, rules and law in all criminals cases and you will have much more innocent people thrown in jail then what we already have a problem with
Last edited by Vyxn; 2016-04-14 at 06:13 PM.
What a read. You go over it a few times and you get a feeling the real "flaw" the author finds in rape cases is that they don't end in instant jailing.
I think the victim should be entitled to legal representation to join them when discussing their complaint to the police. The false allegation concern is real, but we're so worried about false allegation that we've made things difficult for true allegations to happen because the person who just went through an emotionally traumatic person feels like they're the one on trial.
Additionally, I think during the court proceedings the accused and the accuser need not be in the same room at the same time; I'm okay with the idea that the victim's examination and cross-examination could happen with the accused being held in a temporary holding room in the courthouse while the victim's testimony is taken and cross-examination performed.
Police also need to be aware of certain documented cases where a "changing story" has been verified to be a result of the rape trauma leading victims to not be able to properly detail their situation on the first or even third retelling, the story changing each time, but the rape being later proven via extraneous means.