A REFORMED CHARACTER?
Should we reform the legal system to protect all the victims in rape cases?
Lords Push for Anonymity for the Accused
Lord Robin Corbett put a private members bill through the House of Commons and the House of Lords in1976 to provide anonymity for both the complainant woman and the defendant man and, in his own words:
Famous False Allegations:
John Leslie
In 2002 TVpresenter John Leslie was accused of rape and two counts of sexual assault.
After several months of media scrutiny and police investigations the allegations were dropped after the prosecution received unspecified "new information" from the complainant.
The case provoked calls for anonymity for those accused of rape to prevent so-called “trial by media”.
Read more by clicking here.
See also: the case of US basketball star, Kobe Bryant by clicking here
“to restrict the amount of sexual mudslinging that could go on in rape trials.”
At this point, anonymity commenced from when someone was charged with the rape.
The anonymity stayed with the complainant for life whether the case ended in conviction or not. Meanwhile the defendant was also allowed anonymity for life provided he was acquitted. However, if he was found guilty, the anonymity was removed; the “naming-and-shaming” could begin.
In 1983 this anonymity for the defendant was removed, in exchange for allowing the claimant anonymity from the moment an accusation was made, i.e. before the defendant was charged. This remains the law today.
Now, Lord Corbett and others such as Lord Campbell-Savours are trying to see the anonymity for those accused of rape re-instated.
Lord Corbett explains:
“This is largely, although not only, to do with the ambiguous situations surrounding so-called ‘date rape’. It’s also because there is a growing feeling that in some circumstances women who have consented to sex later change their minds.”
Lord Campbell-Savours agreed, adding:
“People’s lives are often destroyed because of publicity prior to trial or during a trial that doesn’t lead to a conviction and they have no recourse to anyone. The damage is done and their reputation is destroyed.”
Famous False Allegations:
Jan Falkowski
Jan Falkowski was a successful consultant psychiatrist at a London firm. That is, until he had his whole life ruined by a false rape allegation.
The complainant, Maria Marchese, had developed an infatuation with the psychiatrist when he had treated her partner. It was an infatuation that soon turned to stalking.
After making numerous threats to Dr. Falkowski and his partner Deborah Pemberton, Marchese then rooted through the couple’s bins. She found a used condom, the contents of which she then smeared upon herself. Days later, she accused him of rape.
Although Marchese was found to have falsely accused Falkowski, he was suspended from his job, shunned by his friends, attacked on the internet and lost £100,000, part of which was his own money.However, the reforms are coming under strong attack.
Jon Collins works for the Fawcett Society which campaigns for equal rights for men and women. Yet he believes anonymity for the accused is not a central issue. He said:
“It’s simply not workable.
“It seriously hampers police investigations. If the police are able to publicise cases properly they can make up links between different cases which makes it much easier to carry out a proper investigation.
“It’s not possible to have anonymity and to still have a fair and open justice system.”
He added:
“It gives the implication that people who make accusations of rape are more likely to be lying.”
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