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The Forum > Article Comments > Onus of proof and sex crimes > Comments

Onus of proof and sex crimes : Comments

By Rodney Crisp, published 4/12/2013

The sacrosanct principle of presumption of innocence is an effective means of guaranteeing legal immunity to sex offenders.

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The conviction rate of rapists would rise immeasurably if the principle that prior conduct can not be used in evidence in a court of law was repealed. The Jill Meagher case in Melbourne was a case in point where the offender was a repeat rapist who had been tried and convicted previously, and found innocent on other occasions due to lack of proof.

The 'Ryde rapist" case in Sydney was another case in point. In this case, a convicted rapist who had served his sentence was arrested for the crime of raping a woman who had been sitting at a bus stop, late one night. The alleged victim claimed that the man had approached her with a knife and forced her into a car, where he had informed her that he would kill her if she resisted, or left any mark on him. The accused insisted that he had had sex with the woman, but that this had been consensual.

Without any evidence other than the woman's complaint, the jury found the man innocent. After that, the man was twice more arrested and tried for the same offence by women claiming to have been raped, who informed police that the man used exactly the same method as the first woman who had claimed he had raped her.

Jurists complained to newspapers that had the jury known of the accused's police record and about the series of alleged rapes at the trial, they would have certainly convicted the accused. That numerous women could falsely claim to have been raped by the same accused who had already been convicted of rape beggared belief. But this vital evidence was withheld from the jury on the grounds that it immaterial to the case and prejudicial to a fair trial.

This same principle could also be applied for repeat offenders in several other classes of crimes. A person's prior history of offending, especially where this history presents a clear pattern of behaviour, should be a factor in evidence.
Posted by LEGO, Friday, 6 December 2013 3:56:56 AM
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http://www.bbc.co.uk/news/uk-northern-ireland-25089367

False rape claims are reaching epidemic proportions and this guy thinks laws are against claimants.

What a joke.

All it takes is one vicious claim to ruin a man's life. The false accuser is almost never punished and we have no idea how under-reported the problem is because so many false claims are made in the family court where reporting is banned. Mabe in France there is presumption of innocence but not in Australia.
Posted by dane, Friday, 6 December 2013 6:22:08 AM
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For many other crimes, covering one's tracks. With murder, there are a significant number of people that evade justice by making sure that a body is never found.

However, if caught either murder, rape or other sex offenses carry huge penalties, and there are a significant number of alleged perpetrators that are actually innocent that are targeted for reasons including mistaken identity, deliberate framing, or in sex offenses, to sway the balance in divorce trials.

Removing the onus of proof is an easy way to catch the few that play the system, but will also convict many who are innocent.
Posted by Shadow Minister, Friday, 6 December 2013 7:58:44 AM
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Dane and Shadow Minister must know more than most judges and legal practitioners by complaining about all the 'false' rape claims in divorce and custody disputes.

If rape charges are notoriously hard to prove, how do you guys know all these 'terrible' women made it up?
Maybe the rape charges couldn't be proved?

Those divorce and custody disputes go both ways in any case, as far as lying is concerned.
Many bitter ex-husbands and fathers lie about their former partners too, accusing them of neglect of children and drug abuse etc, that never happened...
Posted by Suseonline, Friday, 6 December 2013 9:50:37 AM
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Suseonline,

What evidence do you have that the numbers of false accusations/accounts are likely to be any lower than for other crimes?

Unless you believe that women would not make a false report or one of mistaken identity of course.

This article gives some estimates and possible reasons for false allegations:

http://tinyurl.com/kkfalp5
Posted by onthebeach, Friday, 6 December 2013 11:03:21 AM
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SOL,

Please don't misrepresent what I said. I said a significant number are innocent, not most or even many. However, false claims of rape are far from unknown.

The requirement to prove rape requires more than the word of a victim, it need corroborating evidence. Most cases of rape carry obvious signs of sexual assault, and this is normally sufficient to convict. Most rapists escape justice not because they have covered up the crime, but simply because the crimes are not reported.
Posted by Shadow Minister, Friday, 6 December 2013 12:10:30 PM
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