Cleared of Rape Charges? Report Sexual Activity Beforehand or Go to Jail Anyway!

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overlordjebus

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Jan 23, 2011
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I've got two questions about this:

The bbc article states 'planned' sexual activity, surely this doesn't include impromptu sex as this is not planned?

Second, if he reports a woman, does he then have to have sex with her? That would be ridiculous, so I'm going to assume there is nothing stopping this guy phoning up the police station every day and naming every woman in the country?

Ridiculous law with some crazy ass loopholes...
 

JimB

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Apr 1, 2012
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Since the article cannot or will not discuss the particulars of the case, nor the reason for the special orders, I must say this seems like a completely useless story, being told only to generate outrage by the incomplete picture; and I thank Wary Wolf for the diligence of finding the law surrounding the orders to provide a more complete picture. The inference I feel left to draw is that the man in question has sexual tendencies that can be seen as predatory toward vulnerable women/children, and the courts have chosen to monitor him for a few months to make certain his lovers are not victims, but who knows if even that's right.
 

Something Amyss

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Dec 3, 2008
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Wary Wolf said:
Isn't this a criminal case though? As such, they don't generally have 'settlements' rather, plea bargains.
I think Seth just meant it in the lay person sense. The same way I use "plea bargaining" sometimes on here to describe a certain set of actions that have nothing to do with the legal system, but which form a parallel to "pleading out."

Also, this kind of order is listed in the article as civil, and my 2 minutes on Google seems to back this up. In other words, such an order is not a criminal deal. Now, things tend to work at least slightly different in the UK than in the States, but such civil rulings are often made not due to conviction, but because of a present threat. I mean, this looks like a restraining order, which are sometimes offered in the US as a form of punishment or in conjunction with plea bargains. So this could still be part of a plea agreement maybe? Except the article says he was acquitted.

I agree we don't have all the facts, and if this is actually true (I agree with Miss Amyss, this is likely click-bait), hopefully an actual protest will occur.
Hm. Miss Amyss. I approve.

Where was I? Oh yeah.

The largest problem is that we don't have the facts. This could well set a precedent, but we don't know for what. Are guys going to be hit with these willy-nilly? Is it a precedent that someone considered a specific and significant threat might be treated as one? We don't know. Your last link in the first post refers to these as being used in cases where people are found not guilty due to insanity or handicap, but that doesn't end any particular danger they might pose to the populace. In the US, a person who murders someone and is declared not legally competent can still be remanded into the custody of a psychiatric facility, and I'm fine with that. Or the equivalent. But did that happen here? We don't know.

Was this guy innocent, or does he have a habit of not understanding what "no" means and got off on those grounds? Is he truly a victim, or is he a threat at large? We don't know.

JimB said:
Since the article cannot or will not discuss the particulars of the case, nor the reason for the special orders, I must say this seems like a completely useless story, being told only to generate outrage by the incomplete picture; and I thank Wary Wolf for the diligence of finding the law surrounding the orders to provide a more complete picture. The inference I feel left to draw is that the man in question has sexual tendencies that can be seen as predatory toward vulnerable women/children, and the courts have chosen to monitor him for a few months to make certain his lovers are not victims, but who knows if even that's right.
I mean, basically this. It's hard to know anything from the details given. The lack of detail actually seems quite irresponsible fro a journalistic standpoint.
 

Wary Wolf

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Miss Amyss said:
Yeah, I made the assumption that it was a criminal case there, because rape is *typically* a criminal charge. I am sorry there. I also Googled, but as most of what I got was from other sensationalist rags, I figured I wasn't going to get much more there, so I went for the more objective legal stuff. Thanks for the correction.

I would ask why is someone going to a civil court for rape, but it is feasible for a few reasons (Less burden of proof / unsatisfied with a criminal court ruling / possibly statutory?)... But a lot of things don't currently add up here, particularly when I consider that a sexual risk order is pretty weak as an actual punishment for a serious crime. I also find it unlikely that anyone seriously invested would accept a SRO as a 'settlement', although I suppose it could be a bi-product of a ruling...

Still, I do agree that we don't know if the guy is innocent or not, and I am honestly sorry for not taking the other side there, particularly if they do actually have a case. However, I was more going for the concept of innocence until proven guilty. Or that the punishment is valid... Sexual Risk Order... Pfft.

Again though, I agree in that I don't particularly trust the BBC or other media to portray this sort of thing without sensationalizing it.

JimB said:
I thank Wary Wolf for the diligence of finding the law surrounding the orders to provide a more complete picture. The inference I feel left to draw is that the man in question has sexual tendencies that can be seen as predatory toward vulnerable women/children, and the courts have chosen to monitor him for a few months to make certain his lovers are not victims, but who knows if even that's right.
Yay. I feel validated ;)

But in all seriousness, I did that because I wanted more information on the topic before going too deep into it. What actually ground my gonads here was how wishy-washy the laws actually are.

I agree that your assessment is probably more accurate on the side of why he was sentenced in that manner.
 

Something Amyss

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Dec 3, 2008
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Wary Wolf said:
And while I agree with the principle of innocent until proven guilty, we don't know what happened here because they're so cagey about the info. We know that some guy who was previously convicted of a thing had that thing overturned and was acquired of a thing and now he needs to tell the cops before he puts his thing in some girl's thing, but we don't even know that's an A-B-C line of events.

And that's the crux of why the outrage is troubling. We have people acting like this man is innocent and is now a criminal for life because this vague, irresponsible article says some unnamed guy may not have done something and been punished for it. We don't even know what details the author is privy to, let alone what actually happened, but false rape claims are a hot button issue and men are punished for false rape 900% of the time, so we must be indignant that this guy is being punished for something he totally didn't do even though we don't know that's the sequence of events here!

It's even more troubling because you can see at least a few (and I'm being nice there) people who will argue that we should treat Muslims like criminals suddenly upset by this idea that someone might be treated as a criminal because of something they didn't do. Because now it's them. And this doesn't apply to you, but I'm always amazed how a small fraction of overall crime requires a RED ALERT, but people will piss and moan at any suspicion towards men (who make up most of the violent crime stats in the West).

Not that we should assume men are rapists, just the double standard really pisses me off.
 

OneCatch

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Jun 19, 2010
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Pluvia said:
What a bizarre law. I wonder how the Tories managed to sneak that in without anyone noticing.
Probably around the time the various sex abuse scandals landed. Such a law could hardly have been opposed at that time without the person being accused of 'sympathy for paedos'.

This case actually makes me deeply uncomfortable. I generally come down on the side of anti-rape measures even when there are freedom of speech implications or positive discrimination aspects. For example I've no problem with banning the lunatic fringe of the PUA community from entering the country, and I support gender-specific anti-rape campaigns where warranted.

But this seems way too far. Sets a nasty precedent for the police and judiciary to be able to 'get even' with people for whom there is inadequate evidence to convict.
 

Superbeast

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Jan 7, 2009
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Something Amyss said:
And while I agree with the principle of innocent until proven guilty, we don't know what happened here because they're so cagey about the info. We know that some guy who was previously convicted of a thing had that thing overturned and was acquired of a thing and now he needs to tell the cops before he puts his thing in some girl's thing, but we don't even know that's an A-B-C line of events.

And that's the crux of why the outrage is troubling. We have people acting like this man is innocent and is now a criminal for life because this vague, irresponsible article says some unnamed guy may not have done something and been punished for it. We don't even know what details the author is privy to, let alone what actually happened, [Snip]
It is also worth noting that this guy was acquitted at retrial, not on appeal as would typically be the case. That is quite a significant detail, and I'm trying to find the requirements for the Court of Appeals granting a retrial for someone found guilty of a crime (the only information from the Crown Prosecution Service I can find regards retrial of acquitted persons and the legal requirements to breach the double-jeopardy protections).

It is quite possible that the requirements for this interim risk order laid out by Wary Wolf earlier, chiefly disability (which would include mental disabilities like learning difficulties and schizophrenia alongside physical conditions) and insanity, were not brought up at an original trial and the court of appeals granted a retrial based on poor legal representation that did not bring up said mitigating factors. Thus it is possible that this person was acquitted based on (essentially) diminished responsibility but the crime actually occurred, and therefore the police (and magistrate - these orders have to be signed off by a judge) felt there were still public safety concerns.

I still think this interim risk order reeks of bullshit, especially as I had never even heard of the passing of this law and I am fairly politically aware, not even requiring a prior conviction for (theoretically - again, judicial oversight) unlimited restrictions for life on sexual activity and internet usage? What the fuck?
 

Karadalis

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Apr 26, 2011
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TheLaughingMagician said:
Seeing as it's already been established that there is a possible rational explanation for this I will hold off on any outrage until someevidence comes out that this was a case of "Not guilty but we'll punish you anyway".
Heres the thing though... according to the letter of the law.. he wasnt found guilty of rape right?

So what reason do they have to temper with his basic human rights like that as if they dont exist?
 

JimB

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Apr 1, 2012
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Karadalis said:
So what reason do they have to temper with his basic human rights like that as if they don't exist?
Wary Wolf already posted the reasons why such an order can be given. It is the tenth post in this thread.