Thursday 8 July 2010

This Justice Minister Cannot Argue His Case!

I am watching a House of Commons debate on Defendant Anonymity being proposed by the Justice Minister Hon Crispin Blunt.

I find Mr Blunt's advocacy excruciating because he is simply unable to produce a sound commonsensical argument why Defendant anonymity is necessary.

I am wondering whether a square peg has been put in a round hole here.

He claimed that there is no significant number of false accusation in rape while accepting that about 10 percent of rape accusations have been false. He said it is not different from any other crime.

He further maintained desperately that the reason for the new law has nothing to do with the issue of false accusations.

He repeatedly failed to justify why rape defendants should be treated differently from other defendants despite virtually all the speakers asking this question.

I thought painfully that this man ought to have said one simple commonsensical point that rape is a unique kind of offence which normally attracts a special kind of stigma. It is without doubt more likely that a man of unblemished character would be falsely accused of rape than being falsely accused of theft or fraud. Moreover, due to the nature of rape (often involving just the victim and the accused), it is far easier to charge and prosecute an innocent person based on lies than in other crimes. In other crimes, it would be easier for the police to judge the credibility of the accusation before charges are brought!

I do not know why it did not seem a good argument to him or those who advised him to say that rape is a different kind of crime and that individuals falsely accused of rape are in a different league from those falsely accused of theft for instance.As stated above it is far more easier to accuse a decent man of rape than of other crimes. All it would take for a clean man to be falsely charged of rape is a conscience ridden female friend.

In my general view, the media and their over zealousness are the greatest obstacles to administration of criminal justice in the UK. I believe this Minister was scared of how his view may be interpreted. I would support defendant anonymity of defendants in rape cases because of the unique nature of the crime of rape!

In the case of rape, there seems to be political pressures here and there for more convictions. My fear is that undue hysteria about convicting people for rape could cause injustice!

All that is needed is a reliable legal system that does not allow itself to be swayed by media induced sentiments!

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