18 Apr 2009

Lateral Applications of the Law (part two)

In one day we have seen a shift in common law that could bear dramatic implications on criminal law in this country.

The conviction of a paedophile without identifying the victim could negate the rights of victims.

If you can prosecute a man for rape when there is no identifiable victim, can you prosecute anyone without a victim? If two blokes have a drunken scuffle and get caught on cctv can they both be prosecuted without the other's consent for abh?

What about the implications of consent? If someone films a "rape fantasy" with his girlfriend and it is seized by police, can they prosecute him for rape?
[I know consent is a tentative issue with the new Criminal Justice Act and redefinitions of pornogrphy but this goes further]

How about if the victim comes forward? There cannot be a retrial. She can never get recompnse.

to make all crimes victimless is a frightening prospect,trial by jury requires both sides of the story, not some clever barristers and a confession.

[This is a bit left wing for me, but i believe in the maintenance of justice, and there is the potential here for justice to lose the basis of it's creation]

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