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Richard Luthmann's avatar

The rape conviction is a disgrace, and I can't help but ask the obvious question: who's next? Is it time to parade in octogenarians and put Mick Jagger and Rod Stewart in the dock for shit that happened on tour in 1971? Seventeen years is a hell of a gap when the verdict turns on exactly what happened in a room. Memories lose detail. Records disappear. Then the shortcuts take over: a vivid account feels accurate, a confident witness sounds certain, and a bad reputation starts doing work the evidence ought to do. A witness can be entirely sincere and still remember a decisive detail wrong. Calling Brand a “serial rapist” after the jury acquitted him on two of three rape counts goes beyond the verdict. The headlines don’t get to retry the acquittals.

Maggie jervis's avatar

If you were to publish a complainant's name, access to your substack and any other social media mention in the UK would be barred. It might have consequences for the providers so they might take it out on you. However, re the rape, I understand the complainant was worried about HIV from non-condom sex and said she'd had a test. I don't know if 'medical records' were produced about this but she sent him a text which appeared to still exist. One wonders however, how she was not bothered by the risk of HIV when she willingly put her tongue up his anus having just met him 'the oral sex'. Maybe she didn't think it was transmissible by such but it's a point in question. Descriptions of ladies being buggered, consensually or not, tends to have a repellent effect on juries in the UK though I would have thought consensual anal licking might have a similar effect, given you've only just met. A lot of evidence in these cases is alleged psych 'effects' - the hidden menace of 'trauma' over the years creating a great future behind you that you can later trace to just that event that might make you a whole load of compo cash just to make up for it. And you'll be lauded as an anon heroine, If there's a sexual attacker or rapist afoot, a prompt police report is the right thing to do, whether believed or not, not your responsibility, you've done the right thing in the public interest to protect others. Lifts the threat of lifelong trauma. And prompt reports can be investigated rather than regurgitated and 'believed' on the say so decades later. Anyway, licentious fool that Brand was, it doesn't necessarily make him a rapist. But thank you for raising awareness of the UK courts on this matter which convict the innocent, as well as the guilty, day by day without any publicity or alarm. Not that this will change anything; rather we seem to be heading for worse, where complainants' 'feelings' are so paramount the possibility of any defence recedes into infinity. Same happened in the French revolution reign of terror 'reason' was trumped by 'feelings' so defence was scrapped.

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