LafayetteLady -> RE: Protecting yourself from false allegations (5/17/2013 9:43:19 PM)
|
What you seem to be saying is that a woman contacts the police, says, "John Doe raped me," and the police run out and arrest the guy. This is why I mentioned the US, because perhaps that is what they do where you live, but that isn't what they do where I live. Yes, it is that simple to make the allegation, however, a simple allegation does not result in arrest. In nearly every situation, an investigation takes place. That involves asking the woman (I'm going to use the male/female thing here since that is the most common in rape) uncomfortable details about the event. Obviously, if the woman is in the ER when the allegation is made, a rape kit is done to gather evidence. Photographs are taken. Details about time, place, how the whole thing transpired, etc. are asked. So if John Doe was definitively named, they don't run out and throw cuffs on the guy. Will they bring him in for questioning? Of course. That isn't suffering some major indignity in the investigation of a crime, is it? They will get details from John Doe. Does he know or was he with the woman in question? Of course, if he says he was somewhere else, he needs to prove that. Why? Because he was outright named by the woman. If he can show he wasn't with her at the time this supposedly happens, the police don't keep him, he is let go. Yes, I expect him to suffer the indignity of answering some questions in the name of justice. So let's say that he says the sex was consensual. Is he isn't disbelieved and arrested? No. We now enter the dreaded land of he said/she said. Yes, this is where things can get a bit more complicated. If he says all the bruises and marks were consensual, yet the police can't find a single person to say that the woman ever "liked it rough," yea, he is going to have a tough time. That is where LP's saying emails, and those types of things can come in handy. In most places in the US, when there is he said/she said, the police don't make the decision to arrest someone. That comes from the State Attorney's office, and trust me, they aren't running around arresting people willy nilly just because a woman cried rape like you see on television. Prosecutors don't like to take cases they don't think they can win as a general rule of thumb. Many District Attorney offices have their own investigators, separate from police who gather information and evidence. So yea, it does appear as though you are saying that people are arrested just because someone makes an allegation and that simply doesn't happen. Not in the US, but if it does where you are, then I agree that is a very bad policy. But let's remember, the OP wasn't simply talking about a false allegation of rape. LP was including various forms of domestic violence, inappropriate environments for children, etc. In NJ, the state where I live (and I believe in the entire US), an allegation of child abuse (even by anonymous call to children's services) must be investigated (typically within 24-48 hours). Yes, I do believe that our children need to be protected, and I agree with the theory of erring on the side of caution when it comes to children. This doesn't mean a parent is arrested, but it does mean the allegations are investigated, and yes I agree wholeheartedly that those investigations sometimes go far afield of what should be considered normal. Fixing the problem isn't so easy, and no, I'm not willing to let parents abuse, molest, starve, neglect or kill their children until we can fix it. And I say that having had run ins with our local children's services in my family, and not just the strain that comes with it, but the after effects as well. Yes, mistakes do happen, and I'm glad you can admit that. And yes, when they happen, those responsible are held accountable. Usually in the form of large monetary awards. When there has been blatant abuse of the system to wrongly convict someone, those people ARE held responsible. Were they always? Probably not. However, in this age of technology, it is very easy to trace the source of these things. No it isn't always easy to determine what was a mistake and what was truly an abuse of power/office. What you seem to be suggesting is throwing the baby out with the bathwater. You don't dispense with an entire system, no matter how imperfect, without something to take its place. Just like no one can list every imaginable limit in BDSM negotiations, instead having some of them come up, when they come up, the justice system attempts to change things as they see something that isn't working. Progress is never as fast as people would like it to be, but progress does happen.
|
|
|
|