Non-motoring > Insufficient Sentencing? Legal Questions
Thread Author: zippy Replies: 14
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 Thu 24 Aug 17 23:41 
 Insufficient Sentencing? - zippy
This person said she was raped by 9 men and one man was jailed for 7 years (though served 2).

All lies apparently and she got sentenced to 10 years. Considering she could have and probably has had a significant impact on these peoples lives, especially the man who went to prison, I think she should have got the same type of sentence that a rapist could have got, i.e. life.

www.theguardian.com/society/2017/aug/24/woman-jailed-10-years-false-rape-claims-jemma-beale
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 Fri 25 Aug 17 07:23 
 Insufficient Sentencing? - sooty123
After reading that report, it'd probably be best for her and the wider population if she was sent away for a mental health assessment. It sounds like she could benefit from some professional help.
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 Fri 25 Aug 17 09:07 
 Insufficient Sentencing? - Hard Cheese
Of most concern is that someone could be jailed based on nothing more than her word, there cannot have been any evidence.
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 Fri 25 Aug 17 09:59 
 Insufficient Sentencing? - Bromptonaut
>> Of most concern is that someone could be jailed based on nothing more than her
>> word, there cannot have been any evidence.

The nature of rape is such that eye witnesses are unlikely. There will also be many allegations where, for whatever reason, there is no forensic evidence and trial comes down to who is more persuasive witness. Beale was an articulate and convincing liar and in this case persuaded a jury to convict.

One isolated and egregious example is not sufficient to justify the 'no corroboration no conviction' principle you appear to be proposing.
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 Fri 25 Aug 17 10:26 
 Insufficient Sentencing? - Manatee
>> One isolated and egregious example is not sufficient to justify the 'no corroboration no conviction'
>> principle you appear to be proposing.

Well it should be. Witnesses are not the only means of corroboration. How was guilt proven beyond reasonable doubt?

Another feature of this story is that she did this repeatedly, and the police/CPS never made the connection and similarity of the cases, which in itself would have cast doubt on her truthfulness.
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 Fri 25 Aug 17 10:38 
 Insufficient Sentencing? - No FM2R
>One isolated and egregious example is not sufficient to justify the 'no corroboration no
>conviction' principle you appear to be proposing.

As opposed to "'one accusation, no corroboration' sufficient for conviction" principle you seem to prefer?

Just fine until you're the accused.
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 Fri 25 Aug 17 14:38 
 Insufficient Sentencing? - Bromptonaut
>> Well it should be. Witnesses are not the only means of corroboration. How was guilt
>> proven beyond reasonable doubt?

Same as any other allegation of 1:1 criminality; it comes down to credibility of the parties giving evidence.
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 Fri 25 Aug 17 16:36 
 Insufficient Sentencing? - Robin O'Reliant
>>
>>
>> Same as any other allegation of 1:1 criminality; it comes down to credibility of the
>> parties giving evidence.
>>

Giving an articulate and clever liar an advantage over a less able defendant.
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 Fri 25 Aug 17 20:09 
 Insufficient Sentencing? - Bromptonaut
>> Giving an articulate and clever liar an advantage over a less able defendant.

Could equally go other way giving an articulate and clever liar an advantage over a less able victim. Lawyers and Judge have a role in bridging that gap in whichever direction.

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 Fri 25 Aug 17 20:32 
 Insufficient Sentencing? - No FM2R
S'probably why evidence is a good thing.
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 Fri 25 Aug 17 20:51 
 Insufficient Sentencing? - Bromptonaut
>> S'probably why evidence is a good thing.

Of course, semen samples reduce defendant's options to claiming consent. But reality is that in lots of cases the forensic evidence is lost.
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 Fri 25 Aug 17 21:38 
 Insufficient Sentencing? - Hard Cheese
>> Of course, semen samples reduce defendant's options to claiming consent
>>

Why? It'd be present either way surely.

Gotta say it doesn't seem right that anyone should be convicted based on someone else's work with no substantiating evidence.
Last edited by: Hard Cheese on Fri 25 Aug 17 at 21:38
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 Fri 25 Aug 17 21:52 
 Insufficient Sentencing? - Robin O'Reliant
>>
>>
>> Gotta say it doesn't seem right that anyone should be convicted based on someone else's
>> work with no substantiating evidence.
>>

Which brings us back to the link in the OP. Some poor sap got convicted and jailed because of this girls "Plausible evidence".
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 Fri 25 Aug 17 21:59 
 Insufficient Sentencing? - Hard Cheese
Meant word of course ....
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 Sat 26 Aug 17 01:47 
 Insufficient Sentencing? - Lygonos
Corroboration has been part of Scots Law since Ye Good Olde Days

en.wikipedia.org/wiki/Corroboration_in_Scots_law

There was a recommendation to abolish this a while back.

Doing this however benefits the best liar in court.

Last edited by: Lygonos on Sat 26 Aug 17 at 01:49
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