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Some of you may know that there has been some recent developments in my own personal case and I would like to almost summarise these here.
There was a 5 bench appeal court hearing with regards to a man by the name of Matthew Ramage. It is being referred to as M R v HMA and was delivered on the 16th of January 2013.
The appeal was against sentence but also involved 'corroboration'.
The sentencing is relatively unimportant as it mainly focused on previously found facts and has little bearing on those who will be on here with issues.
Matthew Ramage was convicted of raping his niece and attempting to rape his own daughter along with other less serious offences.
The appeal with regards corroboration was based on 'the lesser providing corroboration for the greater'. In simple terms, could someone who made an allegation of someone else kissing them or masturbating in front of them (for example) corroborate someone else making an allegation that they have been raped by that person...
I have left it relatively simplistic, the case on appeal was anything but.
The answer as the law stands today is that it appears that the lesser alleged offence is now able to corroborate the greater. If you find yourself in a position of being accused of what would be regarded as a lesser sexual offence and then find yourself accused of a more serious sexual offence then there will now be strong enough corroboration in order for the prosecution to have you hauled into court EVEN IF the two alleged offences on their own are complete nonsense without their own independent corroboration.
Some may regard this as a perversion of the course of justice, others within the English system may see little difference whilst others may view it as logical.
What does the future hold? Basically the downfall of corroboration. It's pretty pointless at the moment as the prosecution will simply dig out your criminal record and do a little matching and see to it that a breach of the peace from 1970 can corroborate that false allegation of murder from last month.
It will also mean that if you are accused of ANY crime you will now be bound for the rest of your life in fear that any allegation of a similar nature arises regardless of whether they are true or not. The state has been running out of 'control' fast, this is their attempt to solidify their position, their last 'ace' before they need to revert to total tyrannical oppression. The 'system' is broke and it ain't going to be fixed any time soon, in fact 'justice' is being forgotten in favour of survival, survival of a corrupt state with little care for evidence of facts.
From the other side of the fence... Maybe it'll stop rape? Maybe it will, only time will tell. It would however be potentially beneficial if they'd 'advertise' what's happening within the legal system and maybe let Joe Public know about it and what the consequences are. At that point it probably wouldn't stop rape but more likely thwart any possibilities of male/female interaction and form a solid base for 21st century birth control. Every single interaction between males and females and vice versa would become something of an oddity potentially leading to the olden days where there were 'men only clubs' and of course 'female only clubs' with any potential crossovers happening in a bare room with CCTV and sound recording. It'd then be a case of drawing up contracts agreeing on future course of action, acceptable terms and most likely a psychological profile and doctors report before a court hearing to decide if everything is 'legal' and 'allowed'.
Aside from my little 'view' it is now safe to say that the justice system in Scotland has taken a step in the wrong direction. Like a Microwave meal it may be easier and quicker but it sure isn't healthy or beneficial regardless of what the wrapper says.
There was a 5 bench appeal court hearing with regards to a man by the name of Matthew Ramage. It is being referred to as M R v HMA and was delivered on the 16th of January 2013.
The appeal was against sentence but also involved 'corroboration'.
The sentencing is relatively unimportant as it mainly focused on previously found facts and has little bearing on those who will be on here with issues.
Matthew Ramage was convicted of raping his niece and attempting to rape his own daughter along with other less serious offences.
The appeal with regards corroboration was based on 'the lesser providing corroboration for the greater'. In simple terms, could someone who made an allegation of someone else kissing them or masturbating in front of them (for example) corroborate someone else making an allegation that they have been raped by that person...
I have left it relatively simplistic, the case on appeal was anything but.
The answer as the law stands today is that it appears that the lesser alleged offence is now able to corroborate the greater. If you find yourself in a position of being accused of what would be regarded as a lesser sexual offence and then find yourself accused of a more serious sexual offence then there will now be strong enough corroboration in order for the prosecution to have you hauled into court EVEN IF the two alleged offences on their own are complete nonsense without their own independent corroboration.
Some may regard this as a perversion of the course of justice, others within the English system may see little difference whilst others may view it as logical.
What does the future hold? Basically the downfall of corroboration. It's pretty pointless at the moment as the prosecution will simply dig out your criminal record and do a little matching and see to it that a breach of the peace from 1970 can corroborate that false allegation of murder from last month.
It will also mean that if you are accused of ANY crime you will now be bound for the rest of your life in fear that any allegation of a similar nature arises regardless of whether they are true or not. The state has been running out of 'control' fast, this is their attempt to solidify their position, their last 'ace' before they need to revert to total tyrannical oppression. The 'system' is broke and it ain't going to be fixed any time soon, in fact 'justice' is being forgotten in favour of survival, survival of a corrupt state with little care for evidence of facts.
From the other side of the fence... Maybe it'll stop rape? Maybe it will, only time will tell. It would however be potentially beneficial if they'd 'advertise' what's happening within the legal system and maybe let Joe Public know about it and what the consequences are. At that point it probably wouldn't stop rape but more likely thwart any possibilities of male/female interaction and form a solid base for 21st century birth control. Every single interaction between males and females and vice versa would become something of an oddity potentially leading to the olden days where there were 'men only clubs' and of course 'female only clubs' with any potential crossovers happening in a bare room with CCTV and sound recording. It'd then be a case of drawing up contracts agreeing on future course of action, acceptable terms and most likely a psychological profile and doctors report before a court hearing to decide if everything is 'legal' and 'allowed'.
Aside from my little 'view' it is now safe to say that the justice system in Scotland has taken a step in the wrong direction. Like a Microwave meal it may be easier and quicker but it sure isn't healthy or beneficial regardless of what the wrapper says.
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