Anorak News | Blackstone’s Ratio and the rape of justie

Blackstone’s Ratio and the rape of justie

by | 27th, January 2018

Why are men being accused of rapes they did not commit? And why are men being being wrongfully arrested and charged? Do police have enough resources to investigate? Is it because police are too quick to believe a claim, not investigating with an open mind but enforcing an agenda that demands successful prosecution? William Blackstone opined that “it is better that 10 guilty persons escape than that one innocent suffer”. That thinking has been subverted by a culture that holds utter belief in the accuser. Guilt is assumed. Accusers are labelled ‘victims’ and ‘survivors’ with no need to hurdler barriers to justice.

And what of rape – has society redefined the crime? Do we consider a rapist someone who had sex in full knowledge their partner did not or could not consent? We should. Rape is not regretful sex. It’s much more serious than that.

It’s horrendous to be the victim of a malicious accusation. It’s also horrendous to believe you were raped and unable to secure justice and move on. Police need the resources and freedom to investigate and gather evidence. Their role must not be politicised.

The BBC reports:

 All current rape and serious sexual assault cases in England and Wales are to be reviewed “as a matter of urgency” to ensure evidence has been disclosed.

Why only current ones?

Director of Public Prosecutions Alison Saunders warned the review could see “a number of cases” dropped.

Warned? Who is being warned?

It comes after the collapse of several rape trials because evidence had not been shared with defence lawyers.

Those case should never have reached trial. Liam Allan, for one, was damaged by a system that ignored evidence of his innocence. The investigating officer failed to reveal evidence from the complainant’s phone that destroyed the prosecution’s case.

BBC legal correspondent Clive Coleman said there had been a failure to share digital evidence in each of the cases.

Back to Blackstone, then. If we think an innocent man could be prison for rape they did not commit, all rape and serious sexual assault cases should be looked at. Time to restore Blackstone’s Ratio to the justice system.

Spotter: BBC

Posted: 27th, January 2018 | In: News Comment | TrackBack | Permalink