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Old June 16th, 2016, 01:30 AM   #1
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Rape shield law!

Hi! Recently, my friends and I had a discussion about rape shield law. Here is a blog about it if someone is unaware about what it is: http://www.defencegroup.ca/blog/in-t...pe-shield-law/ . The point is that I agree with the law completely. The defence lawyers always use the history of victims to attack them and a law is necessary to prevent it and avoid any sort of trauma that can be caused. I believe that due to such incidents in the past, a lot of victims are afraid to come forward with what happened to them. My friends disagree with me. They say that this law prevents wrongfully convicted from obtaining justice. I understand the core of their argument, but I believe justice to innocent and this law can co-exist. What do you guys think about it?
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Old June 16th, 2016, 02:44 AM   #2
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Originally Posted by stephypp View Post
Hi! Recently, my friends and I had a discussion about rape shield law. Here is a blog about it if someone is unaware about what it is: What Is A Rape Shield Law? | The Defence Group . The point is that I agree with the law completely. The defence lawyers always use the history of victims to attack them and a law is necessary to prevent it and avoid any sort of trauma that can be caused. I believe that due to such incidents in the past, a lot of victims are afraid to come forward with what happened to them. My friends disagree with me. They say that this law prevents wrongfully convicted from obtaining justice. I understand the core of their argument, but I believe justice to innocent and this law can co-exist. What do you guys think about it?
If you have been raped you have a right to talk about it, anything else is hearsay.
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Old June 16th, 2016, 06:31 AM   #3
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Quote:
Originally Posted by stephypp View Post
Hi! Recently, my friends and I had a discussion about rape shield law. Here is a blog about it if someone is unaware about what it is: What Is A Rape Shield Law? | The Defence Group . The point is that I agree with the law completely. The defence lawyers always use the history of victims to attack them and a law is necessary to prevent it and avoid any sort of trauma that can be caused. I believe that due to such incidents in the past, a lot of victims are afraid to come forward with what happened to them. My friends disagree with me. They say that this law prevents wrongfully convicted from obtaining justice. I understand the core of their argument, but I believe justice to innocent and this law can co-exist. What do you guys think about it?
Common sense needs to prevail. If the information has nothing to do with the crime or the events leading up to the crime there is not point in bringing it up.
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Old June 16th, 2016, 07:02 AM   #4
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I have always considered it a contradiction that at least here in Canada, the prosecution is not allowed to use any previous arrests or convictions of the defendant in a trial. (It is looked at in the sentencing phase.)

So why should a defense attorney be able to use a victim's past as evidence?
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Old June 16th, 2016, 07:21 AM   #5
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I think its pointless. A judge throws out what is irrelevant in a case anyway. Right now in major Universities across the United States, if a Woman claims she was raped and names the accused the accused is removed from school without any form of due process and often times without being informed of the allegation.
College rape: Campus sexual assault is a serious problem. But the efforts to protect women are infringing on the civil rights of men.
Colleges face legal backlash from men accused of sex crimes | U.S. News | US News
In Campus Rape Tribunals, Some Men See Injustice - WSJ
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Old June 16th, 2016, 07:21 AM   #6
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I have always considered it a contradiction that at least here in Canada, the prosecution is not allowed to use any previous arrests or convictions of the defendant in a trial. (It is looked at in the sentencing phase.)

So why should a defense attorney be able to use a victim's past as evidence?
That is different than the US. That is a big difference.
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