Record deletion

[sqounk]

Sorry, Shocked I didn't see you had replied. And that's the question - there is no easy solution - I think it would have to be on a case by case basis. I'm sure if the will was there the justice system could come up with better protections for the innocent victims of allegations. Given the far reaching Operation Midland report and the reference to the need for support for the falsely accused, I would hope a change in mind-set is on it's way.

[Franticwithworry]

It needs to be on a case-by-case basis and there needs to be common sense and discretion involved.

The authorities talk all the time about the rights of the victim to be believed. They have no such right, any more than the accused has the right to be believed. Equally, the idea that no child lies and that no-one lies about sexual assaults are two myths that need to be debunked as well.

When cases are looked at objectively, it's abundantly clear what's going on in at least some of them. When complaints have led to an arrest/questioning/NFA etc on the basis of one person's word, I don't think it's asking too much to expect that someone can make a decision about the veracity of the original complaint. There are many occasions on here where people are saying that the police indicate to them that they know there is no substance to the complaint and they expect an NFA. Wives shouting rape to get men out of the matrimonial home and to alienate children or to secure a visa is a known tactic.

There are still more cases where it gets to trial but everything is dropped because the legal opinions agree that no crime has been committed even if the allegation is proved. In those cases it's clearly not a case of 'not enough evidence'. Care workers, teachers, doctors and others have learned to
see false accusations as an occupational hazard.

When common sense says that the allegation is without merit, there should be the reasonable possibility that the record be wiped clean, even if there is a time clause. Heavens, even most convictions have a 'spent' time limit but society seems to have developed paranoia when it comes to sexual matters and we seem to be prosecuting the manners of decades ago by modern standards in some cases at least. At the moment the allegation remains forever, the repercussions remain forever and it's very hard to wipe the slate clean. It shouldn't be so hard.

That's wrong, but needs a culture shift to change it. Our culture needs to understand that we are biological and sexual animals. We have 2 issues to deal with here - false accusations that remain on a person's record for ever, and the criminalisation of interactions between people that may or may not be intended to be sexual and may or may not be the result of bad manners or misinterpreted social signals. When did our skins get to be so thin?

It's not long ago that someone was prosecuted for sexual assault when he said he had simply bumped into someone in a crowd and there was CCTV to back up his defence. It's not so long ago that a 5-year-old was being investigated for rape. People are accused of sexual assault for simply putting a hand on a knee. It's madness to go down the road of potentially giving everyone, from children upwards, a criminal record.

[Shocked777]

These are all really good points. As I insinuated in my last post, I hadn't considered everyone else - I was being rather selfish in saying that I would take it on the chin.

The difficulty is, that leaving NFAs on the system will undoubtedly help catch some genuine sexual criminals who wouldn't have been caught otherwise. When it comes to protecting women and children this can't be overlooked.

[sqounk]

Agreed, - to some extent - I think the unspoken insinuation that because someone is investigated they are therefore guilty by default is at the heart of the problem. A system of reporting genuine concerns after an NFA that takes the process away from just the police and 'red flagging' that person that has to be backed up with an application via a private hearing to court judges might be solution, - although this would have to be a panel and not one single person making a decision. Then that person could be prevented from working with children and vunerable adults. It is still an abuse of liberty though.

[Franticwithworry]

These are all really good points. As I insinuated in my last post, I hadn't considered everyone else - I was being rather selfish in saying that I would take it on the chin.

The difficulty is, that leaving NFAs on the system will undoubtedly help catch some genuine sexual criminals who wouldn't have been caught otherwise. When it comes to protecting women and children this can't be overlooked.

As I said, things need to be looked at on a case-by-case basis. Of course, some NFA's should remain on the record. But the ones where it is CLEAR that the original complaint is false or wrongful should have the record expunged. Those ones have no possible bearing on catching other offenders, and those accused shouldn't have to bear the burden. If the authorities can make the decision to bring turmoil to someone's life, they should be able to reverse the decision when it's appropriate, and we need to get away from the belief that every accusation is genuine and reasonable. It is not.

We could also do with getting away from the policy that some police forces have of prosecuting every complaint involving a minor, no matter how flimsy it might be. That just results in huge wastes of resources. Why on earth let a complaint get to court before no-one decides that no crime has been committed? Shouldn't the police have the authority to make that decision? Or at least the Procurator Fiscal/CPS? My guess us that they have but they are too 'something' to use it.

Those in authority have got so frightened by sexual crime and failure to prosecute that they prosecute every nonsensical complaint that comes in off the street. What would happen if someone walked in claiming GBH from 40 years ago, without a cut, bruise, broken bone, doctor's report, hospital report or witness report? Or a murder without a missing person or a body? Or a burglary without some evidence of premises entered or property missing?

There would be a brief investigation, perhaps, but no-one would be prosecuted entirely on the complainants word, they wouldn't be offered compensation and they wouldn't be referred to, from the outset, as a victim.

Children need protecting, and Social Services are petrified of letting a child slip though the net, but the situation has got ridiculous when the same social workers who insist that children/teenager/women do not lie when it comes to accusations of sexual abuse/assault/rape, will not believe the same demographic when they say that they have NOT been abused, claiming that they are simply 'in denial'. They cannot have it both ways.

I understand that sexual offences are different, especially historical ones, but we've slipped down the slippery slope into witchunt and we need, somehow, to find our way back to common sense. People need protecting, but that includes the falsely and wrongly accused and convicted. We can't jail everyone 'in case' and we can't justify the persecution - because that's what it amounts to - of the innocent in pursuit of the guilty.

Men especially, but also women, are increasingly frightened of personal relationships, especially those involving children, and it sours life for everyone.

[slowdown73]

You can make an appeal to the Chief Constable of your local police authority if you are unhappy about any information being disclosed on an enhanced DBS. There is a policy regarding this and if there is information which calls into question whether the allegation was malicious, the policy states it should not be disclosed.

I am a social worker and I was falsely accused three years ago. I was never arrested or charged and in fact I supplied evidence which undermined my accuser. I was told by the Police the allegation would still appear on my DBS so I made a complaint. The Chief Constable agreed with me that in light of my circumstances it should not be disclosed and it hasn't appeared on my DBS. There is hope so don't give up!