Richter wrote:joffaboy wrote:Richter wrote:
It is a fact that the majority of rapists are NOT brought to justice. That has been well established. Why are they not? IMO there is clearly a systemac bias against women who are sexually assaulted. By taking that viewpoint it is only logical to say that the systemic bias must be made up of individual incorrect verdicts.
I understand this, but the facts are, unless you want us to throw out our system of justice and just lynch accused rapists, we have to use the system of law in our land.
And regardless of majority cases, this is an individual case, where all the evidence presented to the court was tested and found wanting.
Lovett has alway had the presumption of innocence and has now had that confirmed by a court of law.
Richter wrote:I'm sorry that by saying that I am not going along with the prevailing political patriarchy. You can call that ignorant if you like, but I prefer to think of it as an avowedly feminist critique of the status quo which holds some merit.
I am sure the sisters fell gratified by your support, however, and even if i support that view, Lovett is entitled, under our laws, to his day in court, to have a presumption of innocence, and to have a jury of peers arrive at a verdict after hearing all the presented evidence.
you and the sisters can have an opinion, but unless you want to overthrow the government, change the presumption of innocence, and make up admissable evidence - just like the Guildford 4 or Birm 6, I think we all should live under the Australian system of law, not some sort of totalitarian star chamber or lynch mob mentality.
Yes, we do have to use the law of the land - which by the way is NOT set in stone. Australia does not have a constitution (which you well know!), and there is one particular way in which laws can and are changed - without resorting to lynching, totalitarian rule, or other such actions. They are called acts of parliament.
I accept that what I am saying is at odds with the current system. I'd like to see the current system changed. There is nowhere near enough political pressure applied to making this happen.
This country has come a long way in terms of race relations and gender equality. IMO it has some way to go. I'm not a lawyer, and I'm not a member of any political pressure group - perhaps I ought to be. I am aware both through personal and professional means of many victims of sexually based crimes and in the vast majority of cases there has been no prosecution of the perpetrators. I have no specific solution to apply, but I know a social problem when I see one. And in this case I know an injustice when I see one.
This case has both race and gender issues, but IMO the race issue is not as relevant. Fully understand that others may not view it the same way.
Sorry Richter for the law/history lesson but, Australia does have a Constitution. It was approved in referendums held over 1898–1900 by the people of the Australian colonies, and the approved draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 (Imp), an Act of the Parliament of the United Kingdom. Royal Assent was given by Queen Victoria on 9 July 1900, upon which date the Constitution became law. It came into force on 1 January 1901. As a side note, Parliament is not the only law making body in Australia. Courts also make law in Australia via the system of precedent that it is required to follow.
Sure there are many problems with the law of sexual assault. It is not a crime that generally has any witnesses and the problem of proving 'consent', beyond reasonable doubt, is a difficult task and usually comes down to one person's testimony as against another. Our system is based on a presumption of innocence and this has stood us in good stead over the years. To meddle with this basic principle of fairness opens a pandora's box.
I agree with you that it is a social problem, but it is not corrected by changing our long standing basic principles of justice. The politicians have done much to update the law in this area, to make it gender neutral and more humane for the victim whilst at the same time retaining the rights of the accused.
In the end the only productive long lasting way forward is by using an educative role where we learn to treat all people, no matter their gender, race, colour, with respect and there is no presumption that s/he asked for it or wanted it
Go Saints