Registered: Feb 2010
Posts: 39487 - Threads: 1062
Location: In a wide open space
Matt wrote on 10-05-2017 03:18 PM
No, I haven't missed it at all.
I can't see how witnesses to sexual history being listed by the defence to intimidate the victim wouldn't raise issues and concerns about procedure and conduct when the law was specifically changed to prevent this in court.
That's why Evans' legal team had to go to court to ask for permission to list the 2 witnesses in his case, it was exceptional and they knew it.
"in the court". I have more than once now said I was talking about pretrial - before it gets to court.
If you can't see how using someone's history against them to discredit them can affect them, then you probably won't understand any of my points. different example: The last GP I saw has used my medical history and an admission of being a recreational drug user as a basis to not allow me to have access to zopiclone or tablet form sumatriptan because I am obviously a pill junkie. Despite the record of migraines and clinically diagnosed insomnia based on a hospital sleep clinic admission.
In the same way that if a girl is sitting there facing the prospect of someone being a character witness against her - like a boyfriend after a bad break up, etc, or a one night stand they have managed to dig up, you start thinking twice about whether or not you want your life dragged through the mud knowing that the jury might be influenced by what is said in court. And lawyers can say shit in court that is not allowed so gets struck off the court record but the jurors have already heard it and a seed of doubt is planted.
Yes, it's not allowed. But yes, it's done. Because let's face it, lawyers are not lovely old ladies who only have everyone's best interest at heart. Defence lawyers are paid to get someone off the hook, even at the expense of the victim.
Unfortunately I really am having to do some "proper" work this afternoon but will come back later if possible.
"Do you believe in the devil? You know, a supreme evil being dedicated to the temptation, corruption, and destruction of man?"
"I'm not sure that man needs the help." (Calvin & Hobbes)
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