Is the law outdated.
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It's such a fine line between stupid and clever. Random guest posting.
It's such a fine line between stupid and clever. Random guest posting.
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Is the law outdated.
By now everyone has seen or heard of the issue surrounding Christian Porter and the other
cases involving Brittany Higgins and several other complainants.
They all have one similarity...the time since the alleged offences occurred.
I have often wondered why persons who are sexually assaulted do not go to the Police
immediately to report the assault and make a statement.
I was once assaulted several years ago....it was not a sexual assault and no bones were broken...
I was in the Police Station making a statement within half an hour...
Im not suggesting all complainants do this....
What Im suggesting is that if someone is assaulted, then human nature would dictate
they would report the assault very soon.
I feel that a statute of limitations should be created to limit any sexual assault charges
to be laid within a short period of time.
I have also felt for many years that the accused should give evidence in his defence.
At the moment, the rules of evidence state that "he who asserts must prove"
In other words, an accused can have his lawyers cut witnesses to pieces in the witness
box and not even give evidence himself.
I feel that an accused should have to give his side of the "story" and be subject
to cross examination himself....
This is the very reason I feel that many sexual assault offences are not reported.
The "victim" knows that she has to give evidence and the accused does not.
Maybe if the accused was made to give evidence, the entire culture would
change....
One thing is for sure and certain...
Something has to change...
Brittany Higgins will give evidence against her accused.
She will face a torrid time in the witness box...
Her accused will just sit there beside his lawyer and probably wont give evidence...
Will she prove her case beyond reasonable doubt...
Who knows...
It happened two years ago....
cases involving Brittany Higgins and several other complainants.
They all have one similarity...the time since the alleged offences occurred.
I have often wondered why persons who are sexually assaulted do not go to the Police
immediately to report the assault and make a statement.
I was once assaulted several years ago....it was not a sexual assault and no bones were broken...
I was in the Police Station making a statement within half an hour...
Im not suggesting all complainants do this....
What Im suggesting is that if someone is assaulted, then human nature would dictate
they would report the assault very soon.
I feel that a statute of limitations should be created to limit any sexual assault charges
to be laid within a short period of time.
I have also felt for many years that the accused should give evidence in his defence.
At the moment, the rules of evidence state that "he who asserts must prove"
In other words, an accused can have his lawyers cut witnesses to pieces in the witness
box and not even give evidence himself.
I feel that an accused should have to give his side of the "story" and be subject
to cross examination himself....
This is the very reason I feel that many sexual assault offences are not reported.
The "victim" knows that she has to give evidence and the accused does not.
Maybe if the accused was made to give evidence, the entire culture would
change....
One thing is for sure and certain...
Something has to change...
Brittany Higgins will give evidence against her accused.
She will face a torrid time in the witness box...
Her accused will just sit there beside his lawyer and probably wont give evidence...
Will she prove her case beyond reasonable doubt...
Who knows...
It happened two years ago....
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Re: Is the law outdated.
https://www.msn.com/en-au/lifestyle/fam ... d=msedgntp
I wonder how long it will be before people realize that there is something very wrong
with Australian culture...
https://www.msn.com/en-au/news/australi ... do15?ocid=
The Qld government recently announced it was introducing legislation regarding "coercive control"
This is perhaps similar to mental cruelty as defined under the old Matrimonial Causes Act which was
replaced by the Family Law Act....it only took 44 years......
Its a start...
Im wondering if the law was changed to require the accused to give evidence in sexual assault cases would
this encourage women to report more cases...
Bearing in mind the possibility of more plea bargaining due to this requirement......
Maybe even have sexual assault cases heard in closed courts...
Maybe even increase penalties and make them mandatory.....
Changes have to be made.....
Maybe a bit too hard for this forum.....
I wonder how long it will be before people realize that there is something very wrong
with Australian culture...
https://www.msn.com/en-au/news/australi ... do15?ocid=
The Qld government recently announced it was introducing legislation regarding "coercive control"
This is perhaps similar to mental cruelty as defined under the old Matrimonial Causes Act which was
replaced by the Family Law Act....it only took 44 years......
Its a start...
Im wondering if the law was changed to require the accused to give evidence in sexual assault cases would
this encourage women to report more cases...
Bearing in mind the possibility of more plea bargaining due to this requirement......
Maybe even have sexual assault cases heard in closed courts...
Maybe even increase penalties and make them mandatory.....
Changes have to be made.....
Maybe a bit too hard for this forum.....
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
- Bobby
- Posts: 18292
- Joined: Thu Feb 23, 2017 8:09 pm
Re: Is the law outdated.
Can't the animals in Canberra keep their cocks in their pants?
They are supposed to be running the country - not a brothel.
They are supposed to be running the country - not a brothel.
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Re: Is the law outdated.
Sexual assault occurs throughout Australia.....
Its only recently that the spotlight on Canberra has exposed the problem...
Our laws are outdated....
Its only recently that the spotlight on Canberra has exposed the problem...
Our laws are outdated....
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Re: Is the law outdated.
https://www.msn.com/en-au/news/australi ... d=msedgntp
Hhmm...sounds like the top cop is advocating for law reform...
If he wants to talk about consent....then perhaps he should also talk about "mistaken consent..."
NOW that would be a good place to start.....
Hhmm...sounds like the top cop is advocating for law reform...
If he wants to talk about consent....then perhaps he should also talk about "mistaken consent..."
NOW that would be a good place to start.....
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
-
- Posts: 7007
- Joined: Wed May 07, 2008 11:26 pm
Re: Is the law outdated.
that means, 'innocent till proven guilty'.billy the kid wrote: ↑Wed Mar 03, 2021 7:25 pm
................ At the moment, the rules of evidence state that "he who asserts must prove"
..............
Right Wing is the Natural Progression.
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Re: Is the law outdated.
Correct...
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
-
- Posts: 7007
- Joined: Wed May 07, 2008 11:26 pm
Re: Is the law outdated.
I don't think people should be guilty by accusation.
Right Wing is the Natural Progression.
- Black Orchid
- Posts: 25701
- Joined: Sun Sep 25, 2011 1:10 am
Re: Is the law outdated.
Certainly not after an extended period of over 30 years.
- billy the kid
- Posts: 5814
- Joined: Fri Mar 29, 2019 4:54 pm
Re: Is the law outdated.
Setting aside the two "cases" that are in the public eye at the moment....
I have had this discussion many times over the years and nothing was ever resolved...
The discussion Im referring to is this...
Should an accused, in sexual assault cases, be compelled to give evidence.
My argument is that with sexual assault cases, both the accused and the accuser
should both give evidence which can be tested under cross examination by the lawyers...
I understand that the burden of proof is on the accuser to prove the assault took place, (beyond reasonable doubt)
however I have always felt that the court should be given both persons version of what
happened in sexual assault cases.
After all...there are only two people involved...both should be heard....
Having the accuser's version only in my opinion gives too much bias...
Im wondering if studies should be undertaken to ascertain how many women
would come forward to complain of sexual assault if they knew the accused had to
give evidence.
The situation of mistaken consent would also be clarified if the accused was in the
witness box giving his version of the circumstances, rather than the accuser answering
questions until she breaks down in the witness box and becomes an "unreliable witness"
The purists amongst us would say no..he doesnt have to give evidence...in accordance
with the rules of evidence and legal jurisprudence...
Im saying that maybe the rules need to be changed......
In some cases (Jarryd Hayne for example) the accused gives evidence to refute the
claims of the accuser...
I dont think this should be a matter of choice....
I dont think cultural changes will ever occur in this area simply by teaching
children/young adults to be nice towards one another...
I have had this discussion many times over the years and nothing was ever resolved...
The discussion Im referring to is this...
Should an accused, in sexual assault cases, be compelled to give evidence.
My argument is that with sexual assault cases, both the accused and the accuser
should both give evidence which can be tested under cross examination by the lawyers...
I understand that the burden of proof is on the accuser to prove the assault took place, (beyond reasonable doubt)
however I have always felt that the court should be given both persons version of what
happened in sexual assault cases.
After all...there are only two people involved...both should be heard....
Having the accuser's version only in my opinion gives too much bias...
Im wondering if studies should be undertaken to ascertain how many women
would come forward to complain of sexual assault if they knew the accused had to
give evidence.
The situation of mistaken consent would also be clarified if the accused was in the
witness box giving his version of the circumstances, rather than the accuser answering
questions until she breaks down in the witness box and becomes an "unreliable witness"
The purists amongst us would say no..he doesnt have to give evidence...in accordance
with the rules of evidence and legal jurisprudence...
Im saying that maybe the rules need to be changed......
In some cases (Jarryd Hayne for example) the accused gives evidence to refute the
claims of the accuser...
I dont think this should be a matter of choice....
I dont think cultural changes will ever occur in this area simply by teaching
children/young adults to be nice towards one another...
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
Its coming...the rest of the world versus islam....or is it here already...
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