The 'me too' movement

[think positive]

hehehehe!!!

[stui magpie]

Couple of interesting developments.

1. Bill Cosby has his charges overturned, released, no further option to appeal.

https://www.news.com.au/entertainment/c ... b8af624006

2. This would seem a clear cut case of a woman making false allegations of rape.

A COVID-19 recovery manager allegedly planted knives in her own letterbox and sent fake threatening texts to frame her ex-husband.

The woman bought the knives from Bunnings and claimed they had been left at her home by her ex-husband, who she alleged had raped her.

She also sent herself and friends menacing messages, including graphic threats of rape and murder, which she made appear to have come from him.

Apparently some deal has been cut for a community based order, which the magistrate is not happy about.

When you think about victims, the impact of false allegations can be heavy.

In a victim impact statement he said he’d lost his job, access to his son, his friends, had been labelled a rapist and suffered the pain and humiliation of his family visiting him in jail.

“Everything I had worked hard for was stripped away from me overnight,” he said.

https://www.heraldsun.com.au/truecrimea ... fde2de3046

[Pies4shaw]

It probably needs to be mentioned that Cosby "won" his "appeal" because the Court held that there was a binding arrangement not to prosecute him for the relevant offences. This sort out of outcome brings justice systems into disrepute - he was tried, convicted and imprisoned - but he is now out, not because there was some problem with the conviction or the imprisonment but because a public official did a deal in 2005 that he would not be prosecuted.

[David]

^ Yep, pretty dodgy stuff. Reminiscent of some of the shenanigans around the Jeffrey Epstein case when he was first prosecuted. Astonishing really that someone accused by sixty women of serious sexual offences can be prosecuted for only one of them and subsequently have that prosecution overturned.

2. This would seem a clear cut case of a woman making false allegations of rape.

A COVID-19 recovery manager allegedly planted knives in her own letterbox and sent fake threatening texts to frame her ex-husband.

The woman bought the knives from Bunnings and claimed they had been left at her home by her ex-husband, who she alleged had raped her.

She also sent herself and friends menacing messages, including graphic threats of rape and murder, which she made appear to have come from him.

Apparently some deal has been cut for a community based order, which the magistrate is not happy about.

When you think about victims, the impact of false allegations can be heavy.

In a victim impact statement he said he’d lost his job, access to his son, his friends, had been labelled a rapist and suffered the pain and humiliation of his family visiting him in jail.

“Everything I had worked hard for was stripped away from me overnight,” he said.

It's an interesting one. We definitely want to make sure that false accusations are treated seriously and it does seem she got off lightly, but I'm not sure a custodial sentence would be appropriate here either. Basically it just sounds like the woman is extremely mentally unwell and probably should be under some kind of ongoing maintenance. At the very least I hope that the ex-husband has a 24 carat restraining order against her, and he should receive substantial compensation from the state too for being wrongfully imprisoned.

[think positive]

Nope she should be locked up maybe in an asylum

And she should have to pay compensation, she ruined his life and has probably seriously damaged her child. If it was the father people would be out for like, if she’s crazy or not the father deserves justice to be served

[stui magpie]

On the Cosby one, I provided no judgement, just linked to the article. It does seem dodgy.

On the false accusations, there's more in the article but not enough to make an informed decision about whether she's mentally unwell or what motivated her behaviour.

Anyone making allegations should be taken seriously, but the alleged offender should also always be entitled to the presumption of innocence until proven guilty. This poor bloke has had his life significantly fornicated, locking her up or ordering her to pay a lot of money she probably hasn't got isn't going to repair that.

[David]

That's why I almost feel like it's primarily on the state to rectify the harm that's been visited upon him (say, through compensation). Does anyone who's more up to speed with these things know if he'd have a good chance of getting it? Whatever the status quo, it should be automatic in cases of wrongful incarceration, imho.

[stui magpie]

You have to consider the balance. He was charged with rape and there was enough going on that it seems they denied bail. He was only imprisoned for 10 days so it seems they got on with the investigation unusually quickly.

The state would have an obligation to protect the complainant, so on the information available at that time, you'd have a hard time saying it was wrongful imprisonment I'd think.

There is this victims of crime compensation mob.
http://victimsofcrime.com.au/?gclid=Cjw ... i4QAvD_BwE

but keep in mind "the state" is you and me. Our money that the government took as tax.

[think positive]

exactly what i was going to say, compensation - whos money!!

[David]

I’m comfortable for it to come from the taxpayer. Understand that being kept on remand isn’t quite the same thing as a prison sentence and ten days isn’t ten years, but he clearly suffered and shouldn’t have.

[think positive]

I’m comfortable for it to come from the taxpayer. Understand that being kept on remand isn’t quite the same thing as a prison sentence and ten days isn’t ten years, but he clearly suffered and shouldn’t have.

really?
exactly how much are you contributing? im not happy about it at all. how much? enough to house a few homeless? fit a dangerous crossing? much better uses for it.

as for not as bad as prison, mate have a look how many people die or are seriously injured on remand, have a look what happens to sex offenders in any part of jail. he will now HAVE TO EARN back respect he lost through no fault of his own. some how she has to pay, community service, her super, something.

and the truth is, he will never be whole again, this wont ever completely go away.

[Pies4shaw]

You have to consider the balance. He was charged with rape and there was enough going on that it seems they denied bail. He was only imprisoned for 10 days so it seems they got on with the investigation unusually quickly.

The state would have an obligation to protect the complainant, so on the information available at that time, you'd have a hard time saying it was wrongful imprisonment I'd think.

There is this victims of crime compensation mob.
http://victimsofcrime.com.au/?gclid=Cjw ... i4QAvD_BwE

but keep in mind "the state" is you and me. Our money that the government took as tax.

The Victorian bail provisions now require that, roughly put, people who are charged with certain serious offences against the person (including rape) are denied bail unless they show a compelling reason in favour of granting bail.

[stui magpie]

^

Ta for that. No one wants to see another woman killed by a bloke who's out on bail for violent sexual charges, safe option would be if there's sufficient evidence to charge, bail is denied as you say.

[Pies4shaw]

^ The problem, of course, is that it interferes badly with the presumption of innocence.

[stui magpie]

^

Correct, but it could be viewed in the same sense as suspending someone from work while investigating. It isn't punitive or a presumption of guilt, it's taking a safety first approach.

If there is a perfect alternative, I'm not aware of it.