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    #11
    Originally posted by vetran View Post

    .. Get recorded consent first seems the best idea. ..
    The daft idea wouldn't work anyway, because at no stage is consent irrevocable.

    A guy could still be convicted for forcibly persisting if consent was withdrawn, um, during progress.
    Work in the public sector? Read the IR35 FAQ here

    Comment


      #12
      Or maybe ladies could keep a pet Candiru fish up their fanny.
      bloggoth

      If everything isn't black and white, I say, 'Why the hell not?'
      John Wayne (My guru, not to be confused with my beloved prophet Jeremy Clarkson)

      Comment


        #13
        Originally posted by OwlHoot View Post

        The daft idea wouldn't work anyway, because at no stage is consent irrevocable.

        A guy could still be convicted for forcibly persisting if consent was withdrawn, um, during progress.
        Think of a better one, the conviction rates are pitifully low if there is any way to increase them without locking up innocent people I would be interested.

        As I said make removal of consent a different situation so it is easier to prosecute. Currently everything is rape and that is a high bar to reach, a man that has initially has consent but it is removed during has a similar outcome to one that does not have consent.

        I posted a number of cases where rape was not committed but the accusation was made

        Comment


          #14
          A recorded consent would stand against someone who claims they later changed their mind though surely?
          This whole consent thing is important but more as an education thing, not as something you can try to police - you teach people the importance of consent but you don't require them to fill in paperwork.
          Originally posted by MaryPoppins
          I'd still not breastfeed a nazi
          Originally posted by vetran
          Urine is quite nourishing

          Comment


            #15
            Originally posted by d000hg View Post
            A recorded consent would stand against someone who claims they later changed their mind though surely?
            This whole consent thing is important but more as an education thing, not as something you can try to police - you teach people the importance of consent but you don't require them to fill in paperwork.
            It should lead to more convictions, fewer rapes or both.

            I agree education is important for both sides, sex is a shared experience with no guarantee that both sides have the same experience.

            Men are taught to sow their seed and ignore bad experiences then denigrate their lover as rubbish

            Women are taught they are bestowing a precious gift that any lover it who receives it should be massively grateful for but also that promiscuity is wrong and that her friends and family will think less of her for being a slut. These rather ancient attitudes are not conducive to decent relationships. Sex is an activity that should be based on the agreement and enthusiasm of two parties and a decent amount of trust.

            Recorded consent would count as a start of an agreement if you read two of the links I supplied rape was claimed despite the court deciding prior consent had been given and consent was subsequently removed in at least one case without the male even being aware. Is it rape if you don't know? If you end the agreement then its no longer valid but both parties must be aware the agreement has ended.

            It would mean it is much easier to prosecute those that don't get consent. You only need to prove the act happened and consent didn't , that is just DNA or similar. The male would want to get consent to protect himself, the female would want to stop and think carefully.

            If you are sober enough to consent you are sober enough to have sex. If you obviously aren't then you didn't consent - the jury can watch the video.

            If getting recorded consent leads to fewer inadvisable hookups then that is hardly a bad thing.

            If consent is subsequently removed and the partner made aware then a slightly different offence can be created that takes this into account. Conviction on a lower charge of say "sex without valid consent" is more likely and the lower offence would only be available if recorded consent had been obtained.

            This takes the sting out of changing your mind as it may well be a community service or education sentence with a risk assessment without a sex offence register entry. Obviously repeat or violent offenders would be treated far more harshly and may have the charge set as rape instead.

            Now this probably won't work in long term relationships but there will probably be patterns that show abusive sex probably happened.


            I'm open to any suggestion that works. Currently 98.5 accusations do not result in prosecution, 99+ % do not result in conviction.


            Admittedly the bar is pretty low:

            https://www.independent.co.uk/news/u...-a9480706.html

            Only 7.1 per cent of the offences recorded by police resulted in a charge or summons in 2019, down 8.3 per cent – 47,300 offences – on the previous year.
            but 1.5% of prosecutions for rape is much lower than general crime. I would much prefer that 7.1% of rape allegations resulted in prosecution and the majority of the guilty get some sort of sentence so at least they are in the system and watched. If many get education that is better than nothing.

            But it gets worse.

            https://www.dailymail.co.uk/news/art...npunished.html

            Just one in SIX women report sex assaults: Shocking toll shows majority of attacks go unpunished because victims fear they won't be believed or helped
            • Figures show more than one in 20 women have been raped since they were 16
            • More than 700,000 adults were victims of sexual assault in year to March 2020
            • The disclosures come amid a national conversation around women’s safety
            5% of females have been raped since they were 16.

            However there are more false accusations overall than the number of accusations that go to court.

            2-6% of allegations are false.

            http://www.open.ac.uk/research/news/...exual-violence



            how do we fix it?

            Comment


              #16
              TL; DR

              how do we fix it?[/QUOTE]

              blather on incessantly on an anonymous internet forum???
              see? - easy!
              hth

              Comment


                #17
                Originally posted by BR14 View Post
                TL; DR

                how do we fix it?
                blather on incessantly on an anonymous internet forum???
                see? - easy!
                hth[/QUOTE]

                I actually tend to organise my thoughts here. I like the idea for the reasons mentioned. Sometimes people post a flaw I didn't think of so I change my mind.

                Comment


                  #18
                  On the 98.5% thing, what % of accusations do you think are genuine? Or rather would you imagine false accusations are in line with other crimes - can we do a like-for-like comparison of accusations Vs trial Vs guilty verdicts?

                  Not asking with an agenda, just curious.
                  Originally posted by MaryPoppins
                  I'd still not breastfeed a nazi
                  Originally posted by vetran
                  Urine is quite nourishing

                  Comment


                    #19
                    Originally posted by d000hg View Post
                    On the 98.5% thing, what % of accusations do you think are genuine? Or rather would you imagine false accusations are in line with other crimes - can we do a like-for-like comparison of accusations Vs trial Vs guilty verdicts?

                    Not asking with an agenda, just curious.
                    Science suggests 2-6% of all accusations are fraudulent this is consistent with Europe see link in previous post.

                    I suspect that many accusations are different sides of the same experience and may not be rape per se but poor communication due to intoxication and different expectations.

                    Frequently you deal with people who just don't realise they have done something to upset another or even that they are upset, especially if they don't know them or are under the influence.

                    But all should be believed, investigated and prosecuted if there is a reasonable chance of success. I suspect adjusting the actual crime they are charged with would increase the chances of conviction. I would prefer people were charged and actually convicted of a lesser crime if the intent was not there.

                    As so few result in prosecution I would like to anonymity (publicly) for the accused. Releasing the persons identity would require a court order. The Police can maintain a record and watch for patterns.

                    Intent in guilt is important. Putting them all in the same bucket makes it far more difficult to prosecute the worst ones.

                    Imagine someone cuts you up on the road and you assume it is intentional yet when you calm down you realise she just didn't see you. Now she may have cut you up but its not really a crime you can prosecute.

                    Comment


                      #20
                      A lawyer should be present during sex who will prepare a sex contract.

                      Comment

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