Sexual history of rape victims still being put on trial
Many people will not have a Times Subscription, so if they saw the story at all online they would have seen only the headline, a picture of Ched Evans, and the first sentence of the story which asserted:
Victims of alleged rape or sexual assault are questioned about their sexual history at trial in nearly three out of four cases, a survey shows.
Those able to read the full story would have read that:
The assertion that thousands of British Muslim girls are getting mutilated with the passive acquiescence of the police and CPS seems to have settled into public consciousness as a matter of established fact. Last month the Crown Prosecution Service proudly tweeted that it was:
“Prosecuting more people than ever for hate crime and ensuring they receive tougher sentences.”
The response to the tweet was instructive. I haven’t read through all 671 replies. One or two questioned whether it was actually proper or desirable for the CPS to be “ensuring heavier sentences,” but the tone of a huge proportion was the same: why are you bragging about prosecuting hate crime when you haven’t prosecuted anyone successfully for FGM? Continue reading “How much is the CPS to blame for not prosecuting perpetrators of FGM?”
What obligation does a convicted sex offender have to reveal his true identity? A storm over the issue has arisen in the world of prison blogging.
One of the best criminal justice blogs on the internet is Prison UK. Over the last 3 years it has described the life of prisoners in British prisons with a remarkable and unprecedented vividness. Anyone wanting to know about the realities of prison life should read it. I have even recommended it as preparation for clients expecting to receive a prison sentence: one of the most widely read posts (because it was eventually published in Metro) was about what to pack for somebody who is expecting to go to prison (flip-flops for the showers, earplugs and headphones being top of the list). If you want to know about food in prison, illness in prison, sex in prison, old men in prison, drugs in prison, suicide in prison and death in prison the blog has covered all those subjects superbly.Continue reading “The unfortunate silencing of Alex Cavendish”
In fact, the Category A establishment bans any footwear which is not “enclosed at the heel and toe.” It turns out that the prison, which houses some of Britain’s worst murderers, enforces a sartorial code for visitors, updated at the end of last month, which makes dressing for the Royal Enclosure at Ascot seem straightforward by comparison.
Indeed, Long Lartin and the Royal Enclosure share a number of similarities, although the Ascot rules have little to say about shoes, except that gentlemen’s shoes must be black. Unlike Long Lartin, Ascot imposes no specific ban on “slippers” possibly because racegoers, unlike prison visitors, simply aren’t tempted to wear them.
“The first real principle which should guide anyone trying to establish a good system of prisons should be to prevent as many people as possible getting there at all. There is an injury to the individual, there is a loss to the State whenever a person is committed to prison for the first time, and every care, consistent with the maintenance of law and order, must be taken constantly to minimise the number of persons who are committed to gaol.”
Many, many years ago I shared a flat in a high rise block somewhere East of Richmond and West of Sheen. My only flatmate was a then rising star of the bar, Simon Spence. I can’t even remember how we were thrown together. Probably I rang a telephone number on the Inner Temple noticeboard, Simon interviewed me, satisfied himself that I didn’t have untreatable halitosis and offered me his spare room. We didn’t see much of each other after that: he was a silver-tongued advocate, already greatly sought after by bling-flashing Essex armed robbers, whilst I was trying to eke out a living from the less glamorous but at least endlessly renewable resource of Swindon alcoholics.
Sadly, and through no fault of his, Simon’s flat was not for me. After 6 weeks or so of a rather lonely life I decided – I am sure it was by mutual agreement – that my experiment in high rise living was over and I moved out. Since then I don’t think I have come across my former flat-mate at all, although I have followed his steady rise to the ranks of Queen’s Counsel with interest and just a little of that envy that all ordinary barristers have when their student contemporaries take silk or become grand judges.
A man that beareth false witness against his neighbour is a maul, and a sword, and a sharp arrow.Proverbs 25:18
HHJ Hart’s sentence of 15 months imprisonment which he gave today to Mark Webb for perverting the course of justice deserves wide publicity, even though to my mind it is too short.
For reasons that are far from clear, Mr Webb took it upon himself to complain repeatedly and falsely about his neighbour, a blameless and rather vulnerable former Health Care Assistant called Frances Avis.
Their paths crossed with unfortunate consequences.
One day Ms Avis was doing some stretching exercises outside her front door. She was in training to run a half-marathon to raise funds for DHI, a charity that helps people recovering from alcohol and drug problems. She spoke to her neighbour for the first time and, because she is a dog lover and because Mr Webb’s newly acquired Jack Russell, Patch, didn’t seem to be getting much exercise, she offered to take him out when she went running. They got on, and soon she was walking Patch regularly.
Over the last few years there have been a number of powerful nominations for the title of stupidest Parliamentarian. This blog has in the past made what I thought was a powerful case for the prize to be jointly shared between Messrs Peter Bone and Phillip Hollobone, and the Secret Barrister has repeatedly and persuasively argued the case for Phillip Davies, and indeed may do so again at greater length in his eagerly awaited book. Just to prove that Conservatives do not have a stranglehold on the competition along comes Harriet Harman with a legislative proposal which is guaranteed to produce injustice and, for good measure, is virtually certain to be ruled incompatible with the Article 6 right to a fair trial under the European Convention on Human Rights.Continue reading “Harriet Harman’s proposed ban on sexual history evidence would be grotesquely unfair”