back to article Anonymous UK 'leader' fined for revealing ID of rape complainant

The leader of notorious 'hacktivist' group Anonymous UK has been fined £400 for identifying the woman who accused him of rape. Malcolm Blackman, 48, was accused of twice attacking the woman at the Occupy London protest camp outside St Paul's Cathedral in January 2013. He stood trial at the Old Bailey later that year but was …

  1. MJI Silver badge

    Rape accusations

    I think there should be anonymity towards suspects unless found guilty.

    All accused have to face a lifetime of "Did he do it?"

    They need the same protection as the accusers.

    But then I think there needs to be different levels of rape as masked at knifepoint is not the same as two pissed out of their mind people.

    This has to be discussed as open minded adults and not gut reactions.

    1. Anonymous Coward
      Anonymous Coward

      Re: Rape accusations

      >I think there should be anonymity towards suspects unless found guilty.

      Only seems fair. If someone can concoct a malicious but vaguely-plausible-enough-to-get-the-wheels-turning allegation and then be protected for life even if the case collapses, then Shirley the victim in such circumstances deserves some protection from acquiring the quite probably life wrecking rapist epithet?

      Not meaning to imply that the specific case in the article was malicious. Sounds like that particular accused fucktard probably did it. Malcolm Blackman, born 1966-67 of Nottingham, wasn't it?

      The law's still a ass

      Fitting icon --->

      1. Tom 13

        Re: Sounds like that particular accused fucktard probably did it.

        Given the woman admits to being in a relationship at the time, and given that she apparently was so blind drunk she didn't even know about it until he claimed it did, it is impossible to speculate as to the accuracy of the charges. In fact I am surprised he didn't counter with a charge of false accusation.

        Given the information provided in this article, I find the whole thing to be an abuse of the legal process.

    2. scrubber
      Stop

      Re: Rape accusations

      "But then I think there needs to be different levels of rape as masked at knifepoint is not the same as two pissed out of their mind people."

      Most rapes are committed by someone known to the victim, very few are actually the knifepoint, dragged into the bushes types.

      "Two people, both pissed out of their mind[s]" having sex is either (my preference) not rape, or they are both raping each other. Unless you're being astoundingly heteronormative and sexist.

      I would also suggest that there are differing levels of intoxication and they are not all equal in terms of consent. If someone is capable of affirming consent then their level of intoxication should not be an issue. Currently there seems to be a push towards only a stone cold sober person (woman!) being able to consent, this is patently untrue as women enter into legally binding contracts while intoxicated all the time (e.g. buying more alcohol while drunk, taking a taxi home etc.)

      In fact, that would be a great case - refuse to pay for a taxi because you were clearly too drunk to enter into a legal contract with the driver and (s)he should have known it. Let's see how far you get with that argument.

      If we push further down this road the already embarrassingly low level of rape convictions will get even worse as we start calling normal sexual encounters rape and juries throw them out for the nonsense they are - making genuine cases all the harder to prosecute and ultimately less likely to be prosecuted. And when rape is less likely to be prosecuted then people with a predilection for it will be more likely to do it. That good old law of unintended consequences again...

    3. rh587

      Re: Rape accusations

      "I think there should be anonymity towards suspects unless found guilty.

      All accused have to face a lifetime of "Did he do it?"

      They need the same protection as the accusers."

      We used to have it! The Sexual Offences Act 1970 introduced anonymity for the accused. This was repealed in 1988 as it was felt it was discouraging victims from coming forward.

      The Sexual Offences Act 2003 then took us to the other end of the spectrum by offering lifetime anonymity for the accuser. The first case of an individual being convicted, sent to jail and then having all charges squashed on appeal occurred in 2006.

      Clearly, what is needed is anonymity for both parties until an actual verdict is reached.

  2. Gordon 10
    WTF?

    Anon Leader

    Isn't that a tautology?

    I thought by definition Anon had no leaders? Excepting of course the shadow cabal of the same inner circle that seed the conversations that tell the Anon herd where to point their Ion Cannons.

    1. Anonymous Coward
      Anonymous Coward

      Re: Anon Leader

      No, it's always useful fo be a leader, especially when the status allows you to sleep with as many women as you like....

      1. codejunky Silver badge

        Re: Anon Leader

        @AC

        "No, it's always useful fo be a leader, especially when the status allows you to sleep with as many women as you like...."

        Not so good an idea unless you have a signed consent form (possibly from the parents too) recorded on video in a well lit room to prove that she was willing at the time. Otherwise you get publicly shamed and branded if she regrets it in the morning.

        1. Anonymous Coward
          Anonymous Coward

          Re: Anon Leader

          > if she regrets it in the morning.

          Or decides to regret it after she finds out you're a two timing SOaB and that your celebrity status has also enabled you to sleep with other women.

          1. Anonymous Coward
            Anonymous Coward

            Re: Anon Leader

            somehow seems a familiar set-up, I mean, scenario ... a whole smörgåsbord of groupies, eh eh ;)

          2. Anonymous Coward
            Anonymous Coward

            Re: Anon Leader

            "Or decides to regret it after she finds out you're a two timing SOaB and that your celebrity status has also enabled you to sleep with other women."

            For various definitions of "celebrity". Whether he did it or not, the man comes across as a witless self serving moron and yet people like him seem to think they have some higher moral calling to speak and act for the rest of us? Give me a feckin break. He can't even control his own penis.

            1. Tom 13

              @boltar

              While I concur with your assessment of that particular waste of $5.23 of chemicals, I still find the way the law has been abused offensive. Also, I believe that anyone willing to sleep with that waste of chemicals, is as much a waste of chemicals as the first.

    2. Frank Bitterlich
      Headmaster

      Re: Anon Leader

      Wouldn't that be an oxymoron, rather than a tautology?

      You know, as in "... Anonymous member Malcolm Blackman, 48, ..."

    3. Anonymous Coward
      Anonymous Coward

      Re: Anon Leader

      given he's been named he can't really be anon any longer anyway, so whether or not he was some sort of "leader" is rather moot.

    4. Matt Bryant Silver badge
      Boffin

      Re: Gordon 10 Re: Anon Leader

      "I thought by definition Anon had no leaders?....." I suspect it's a legal strategy. When one of their "non-leader" leaders gets caught they can deny responsibility for the actions of the group by claiming "we have no leaders". Rather useful if you are facing the legal damages from a DDoS on someone like Sony.

  3. adnim

    Presumably

    if the accused is cleared and proved innocent then the accusations are either false, erroneous, wrong or malicious. (immoral and expensive lawyers aside)

    Being a victim of rape is nothing to be ashamed of, being a convicted rapist is. An accused rapist is on some strange middle ground where many will think... no smoke without fire. Simply being accused of rape can seriously fuck up ones life.

    "As a complainant in a rape case she is entitled to automatic lifetime anonymity under law, which remains in place despite the not guilty verdicts"

    So a potentially lying victim who concocted a story out of malice is protected from exposure whilst the accused is deemed a sex offender before a trail has even taken place.

    If it can be proved that the victim is lying, either to protect their image or as malicious intent to the accused, then they should face a trial for perverting the course of justice. And it should be made just as public as the initial arrest and naming of the accused.

    Whilst rape is seen as a particularly heinous crime, it seems false accusations are not seen in such a light. It's about time they were.

    1. Anonymous Coward
      Anonymous Coward

      Re: Presumably

      Just, in cases like this is very, very difficult to demonstrate if the accusation is concocted or it is true, unless clear evidences emerge, just like it's very, very difficult to demonstrate the rape.

      Thereby, better to clear a guilty one than jail an innocent, but unless there's evidences of a malicious accuasation - which would trigger its own trial - also the law protecting the alleged victim should stand, for the very same reason, better to protect a guilty one than put shame on an innocent.

      1. Anonymous Coward
        Anonymous Coward

        Re: Presumably @LDS

        >which would trigger its own trial

        Only if there was sufficient evidence for such a trial to stand a reasonable chance of offering value for money. Very, very, very unlikely if the original rape allegation was deemed strong enough to prosecute after requisite investigation in the first place.

        >also the law protecting the alleged victim should stand, for the very same reason, better to protect a guilty one than put shame on an innocent.

        In this situation the accused is the innocent and the "victim" is the guilty - so the law must be changed if it's "better to protect a guilty one than put shame on an innocent."

    2. John Savard

      Re: Presumably

      Being a victim of rape is to be an innocent party, and so one should not be ashamed. But in practice, historically, women were abjectly dependent on men in an economic sense, and if a woman wasn't an intact virgin, she would not be able to get married. While it's true there has been social progress in the status of women, traditional attitudes towards women and sex dating back to the earliest agricultural civilizations still pervade our society.

    3. I ain't Spartacus Gold badge

      Re: Presumably

      If the accused is cleared and proved innocent then the accusations are either false, erroneous, wrong or malicious.

      This is incorrect. You've missed out, impossible for the court to say.

      And that's very important, as people are innocent unless proven guilty.

      I've been on several juries, and you have to deal with multiple lots of conflicing testimony. With the knowledge that if you get it wrong, then you're either sending an innocent person to prison or letting a guilty one off. Neither is a nice feeling, and I'd say the unhappiest jury I was on were the one letting someone off they mostly thought was guilty. But the evidence wasn't up to the job.

      In most rape cases you've only got 2 people who were there, and that makes it even harder. And the same is going to be true of a false accusation of rape, where you have to prove intent beyond all reasonable doubt, which is very hard to convince a jury of. I'm glad I never got a rape case.

      It's why the rape conviction rate is always going to be low. Unless we all start wearing video cameras that upload to t'internet at all times.

      1. Loyal Commenter Silver badge

        Re: Presumably

        If the accused is cleared and proved innocent then the accusations are either false, erroneous, wrong or malicious.

        Meanwhile, in the real world, rape cases fail to get convictions for very different reasons, like insufficient evidence, or the victim not turning up to give evidence at the court case because of re-victimisation, or the fact that they live in what can often be a complex environment of family and domestic abuse.

        Full disclosure - my partner works with victims of crime, including victims of domestic abuse and rape, so I may have more knowledge of these sorts of matter than the average member of the public. Sadly rape and domestic violence are FAR more common that most people think.

        1. Loyal Commenter Silver badge

          Re: Presumably

          I thought I'd add the following to my previous comment:

          As the law stands, at the moment, it is (rightly) a crime to disclose the identity of a victim or complainant, even after the case has closed; after all, as mentioned above a 'not guilty' verdict is NOT necessarily the same as innocent.

          However, the same does not go for the accused; their identity can be disclosed, even if found not guilty, and I do not believe this to be in the best interests of justice.

          I will illustrate this with the following case:

          Last year, there was a high-profile case where a woman had (falsely) accused her partner of rape. If I recall the details correctly, the woman in question was a law student and was abut to take her bar exams. She had not adequately prepared, so in order to get more time to study, she concocted a tale of sexual violence perpetrated against her by her then partner. Despite having an alibi (again, I'm going from memory, but I believe the accused wasn't even in the same city at the time of the accusation), the man was arrested, bailed, and prosecuted.

          Such cases take a long time to bring to court, typically several months, and in the intervening time, the accused lost his job and reputation, and was subject to public vilification and hatred. As the accused, his identity was made public.

          He was later exonerated of all the charges, and his accuser was found guilty of attempting to pervert the course of justice, and jailed. A just punishment, I'm sure all will agree. However, in the process, his life was pretty much ruined, and this was largely because the identities of those accused are made a matter of public record, and reported on in the press.

          It is worth remembering that the point of the judicial system is not only to prosecute the guilty, but to protect the innocent.

          Of course, this was an extreme case, and such occurrences are, thankfully, rare. Sadly, for every false accusation, there are probably thousands of genuine rape cases, and the conviction rate is low. However, it is better to allow the guilty to go free than it is to imprison the innocent. Either way, whatever the outcome of the case, the identity of the victim shouldn't be a matter of public record, and unless convicted, neither should the identity of the accused.

          edit - in case anyone is interested, here is the case in question

          1. Alan Brown Silver badge

            Re: Presumably

            "He was later exonerated of all the charges, and his accuser was found guilty of attempting to pervert the course of justice, and jailed. A just punishment, I'm sure all will agree. However, in the process, his life was pretty much ruined, and this was largely because the identities of those accused are made a matter of public record, and reported on in the press."

            There is a good case for victims of such false accusations to be able to go after massive damages claims from the accuser, press and CPS/Police. I see he got £38k, which is a desultory amount for destroying his life using the legal system.

          2. Tom 13

            Re: Presumably

            Of course, this was an extreme case, and such occurrences are, thankfully, rare.

            That is an unproven assertion. Proving innocence is as difficult as proving rape, so the likelihood is that we only believe they are rare because we can so rarely prove it.

        2. Alan Brown Silver badge

          Re: Presumably

          "Meanwhile, in the real world, rape cases fail to get convictions"

          Mainly because the victim is known to the assailant and as such won't even get it to the complaint stage in the first instance. Incest levels in particular are probably 100 times higher than commonly reported because even when anonymised people won't admit to it.

          That said, this one sounds like a disgruntled groupie - and such cases are extremely damaging to the credibility of _real_ rape victims.

        3. Equitas

          Re: Presumably

          And the domestic abuse is not always by women against men, dsepite what the feminist lobby would have you believe.

    4. Anonymous Coward
      Anonymous Coward

      Re: Presumably

      Slightly more complicated.

      What you describe is valid only if the alleged victim is _NOT_ found lying. If she is found lying the crown is entitled to raise the standard set of charges from the "perverting the course of justice" set.

      That, unfortunately happens only if it has become so bleeding obvious that the "victim" is lying that the crown has no other choice but to do it. It needs to happen more often and the balance should be redressed a little bit. But not a lot.

      It also nearly never happens for historic crimes. There the standard of evidence at present is obscenely low. In fact there is none to speak of - it is only the accuser's word vs the defendant's word bringing the whole judiciary to the level of a 16th century holy inquisition court.

    5. PatientOne

      Re: Presumably

      "if the accused is cleared and proved innocent"

      In England and Wales you are not proven 'innocent', you are found 'not guilty', which just means there was sufficient doubt that the jury could not convict. You'd need to go to Scotland to get an 'innocent' finding.

      "then the accusations are either false, erroneous, wrong or malicious."

      Or the evidence was simply not enough to secure a conviction. Many rapes are not reported until well after the event and that means there is little evidence to support the accusation.

      "Whilst rape is seen as a particularly heinous crime, it seems false accusations are not seen in such a light. It's about time they were."

      It's not quite as simple as that, and for quite a few reasons. Perhas the better fix would be to have an 'innocent' finding in English/Welsh courts, so at least the accused can have their name cleared rather than being left with the question of if he got away with it.

      1. Alan Brown Silver badge

        Re: Presumably

        If there is a false rape accusation and the accused is found not guilty, then surely he's in a good position to go after the complainant in a civil case.

        It's not just the crown who are entitled to prosecute false complainants.

        As for the case in question: It does sound suspiciously similar to claims made against someone who's currently residing in a london embassy.

      2. Tom 13

        Re: It's not quite as simple as that

        But it is this simple:

        A man accused of rape will continue to have a cloud over his head regardless of whether he is guilty, not guilty, or even innocent. While rape is a serious crime, so if the false accusation of same. Until both are treated with equal severity, there is no justice, just one side goring the other.

    6. Anonymous Coward
      Anonymous Coward

      Re: Presumably

      > Whilst rape is seen as a particularly heinous crime, it seems false accusations are not seen in such a light. It's about time they were.

      One objection to giving anonymity to people accused of rape is that it makes it much harder to build a case against them. If you take a few recent high profile cases as examples Jimmy Saville, Rolf Harris and Max Clifford. In these cases the perps appeared to have been getting away with it for years and the victims were afraid to come forward as they thought no one would take them seriously. Individually there wasn't enough evidence for a conviction. It was only when a few accusations were made public that other victims came forward and there was enough correlation in their claims that the police could build a case against them. If these people were allowed to remain anonymous then they would never have been convicted (or to have been vilified posthumously).

      So this isn't a simple situation.

      One accusation of rape is hard to prove.

      Twenty accusations where there is a high degree of similarity between the attacks is easier to prove.

      Of course once you've publicised a complain you leave things open to copy cat claims. Who'd want to be a retired politician at the moment? No matter how innocent you might have been (other than being guilty of being a politician) you must fear the door being hammered on by the police with all the TV cameras in tow at 6 in the morning.

      I don't know what is the right thing to do here.

      If victims were more inclined to come forward in the first place then there wouldn't be a need for publicity to build cases. This would be the best situation. Here the accused should have anonymity, no question.

      But while this isn't the case it is a harder case to call.

      Perhaps there should be some discretion here. Perhaps the court should have to look at the case and decide whether there is a chance of there being more victims to might come forward, and only then make the decision to publicise the name of the accused.

      The current rules don't actually do what they are intended too anyway. Most sex crimes are perpetrated by people known to the victim, so in a lot of cases the name of the criminal is published, possibly after the guilty verdict, but anyone who knows the attacked will be immediately be able to identify the victim. There should at least be a step in the process whereby the victim is consulted about whether their assailant should be named. But then the legal system (in my experience and sadly I have experience here) doesn't give a shit about the victim. The police will try and arrange trials at locations remote from the victim location and the court system or the prosecution service will decide it is easier to progress the case in the court in spitting distance of where the victim lives so they end up feeling too scared to ever go home. Then when the case gets to court the prosecution service won't have done their homework and more or less stand up in court and say "Sorry your honour the dog ate my home work". I had to make the defence barrister write the case papers so that a guilty plea could be entered. Believe me real victims are in for a shit time.

      1. Anonymous Coward
        Anonymous Coward

        Re: Presumably

        @AC

        "If victims were more inclined to come forward in the first place"

        then the police need to do a better job of ensuring the public will come to them and report ALL crimes.

        criminalising innocents in the media should not be a preferred approach to solving crime.

      2. Alan Brown Silver badge

        Re: Presumably

        "One objection to giving anonymity to people accused of rape is that it makes it much harder to build a case against them. "

        Anonymity is the norm in New Zealand and the problems described are exactly those which occur (although in the cases of Clifford, Harris et al, New Zealand courts would have granted permanent name suppression to the convicted person too)

        The thing is, with the advent of t'internet it's harder and harder for gagging orders to stay effective - and after having to defend a rape accusation (even when not guilty) the expense is such that an extra £400 might well be seen as worthwhile paying to get his accuser's name out in the open.

      3. Anonymous Coward
        Anonymous Coward

        Publicity destroys value of 'pattern'

        The problem with the idea that publicising the name of the accused makes it easier to establish a pattern of behaviour is that it potentially creates a pattern of behaviour that isn't there. This is a paticular danger with famous people. The issue is that if someone's potential guilt is publicised to tens of millions and if the rate of false memories/accusations is quite low say one in a million then there will still be tens of false accusations. The police will probably only select those they consider plausable which will naturally be similar as this will be the selection criteria.

        A pattern of similar accusations when there is no publicity is compelling, a pattern with publicity is to be expected and means nothing.

      4. rh587

        Re: Presumably

        "Individually there wasn't enough evidence for a conviction. It was only when a few accusations were made public that other victims came forward and there was enough correlation in their claims that the police could build a case against them. If these people were allowed to remain anonymous then they would never have been convicted (or to have been vilified posthumously).

        So this isn't a simple situation."

        Whilst this is true, it doesn't mean there can't be an automatic presumption of anonymity with provision for a judge to dismiss it if they think it necessary in that case.

        You can't go the other way and grant anonymity once someone's name is out.

  4. Buzzword

    Twice?

    > The woman [...] accused him of raping her when she had passed out drunk. She said he attacked her again a week later while she was sleeping.

    Having been raped unconsciously once, why would she continue to put herself in danger by remaining in the presence of this man?

    1. Anonymous Coward
      Anonymous Coward

      Re: Twice?

      Of course, because he's a leader....

    2. Loyal Commenter Silver badge

      Re: Twice?

      Having been raped unconsciously once, why would she continue to put herself in danger by remaining in the presence of this man?

      I am somewhat saddened by the number of up-votes this comment has received. We don't know all the details - who is to say that she was able to get away from this man, or that he didn't seek her out?

      Either way, blaming a rape victim is never the right way to go - just remember, there is only one cause of rape, and that is rapists.

      1. jaduncan

        Re: Twice?

        "I am somewhat saddened by the number of up-votes this comment has received. We don't know all the details - who is to say that she was able to get away from this man, or that he didn't seek her out?

        Either way, blaming a rape victim is never the right way to go - just remember, there is only one cause of rape, and that is rapists."

        This man, of course, has not been found guilty of rape, making your comment quite impressively defamatory.

        1. Loyal Commenter Silver badge

          Re: Twice?

          This man, of course, has not been found guilty of rape, making your comment quite impressively defamatory.

          I should clarify my point - in this particular case we don't know the facts of the case, and even if we did, we would not know whether a rape took place, and whether this particular man was responsible. All we know is that he was found not guilty, which means that there was insufficient evidence to secure a prosecution.

          All this is incidental to my actual point, which is that saying it is someone's fault that they got raped twice, because they had been raped once before is utterly wrong-headed, and is blaming the victim. Victim blaming is one of the many reasons that rape cases fail to bring a conviction, not because the defendant is innocent, but because the victim is made to feel unable to give evidence in court. The term for this in use by those who know what they are talking about is, "re-victimisation".

          So, my point is this - there is only ever one person to blame for a rape, and that is the rapist. The victim could be wearing provocative clothing, acting flirty, or even lying naked in the middle of the street, and it would not change that fact. However, it is also a sad fact that many people do say things like, "she shouldn't have led him on," or "she shouldn't have been that drunk," or "she shouldn't have been anywhere near him if he'd raped her once already."

        2. Tom 13

          Re: Either way, blaming a rape victim is never the right way to go

          There's an old saying about that:

          Fool me once, shame on you, fool me twice, shame on me. Being a rape victim doesn't invalidate it.

          Frankly the guy is an obvious lout. She is either oblivious to this and impossible to protect or attempting to climb the perceived social ladder by sleeping with the leader. Neither are socially desirable behaviors and she ought to be shamed for those.

      2. Alan Johnson

        Re: Twice?

        'Either way, blaming a rape victim is never the right way to go - just remember, there is only one cause of rape, and that is rapists'

        At best/worst she is an alleged rape victim. The assumption she is a victim is prejudging the man in this case even after the man was found not guilty. The fact that this is done is a strong argument for anonymity for the accused.

        Interestingly and at the risk of provoking a flaming the studies on the prevelance of false rape accusations are all over the place from 3% to 90% of accusations. It is an inherently difficult thing to measure (estimate) but what is undisputed is that the overwhelming majority of those accused are not taken to court and found guilty so on the presumption of innocence there is a massive problem of those accused being unjustly victimised.

      3. Anonymous Coward
        Anonymous Coward

        Re: Twice?

        @ Loyal Commenter

        Well actually, there are two causes of rapists.

        One is a genuine rapist and the other is caused by false allegations for whatever reason. Revenge of some sort?

        I leave you to decide which is which.

    3. Brewster's Angle Grinder Silver badge

      Re: Twice?

      "Having been raped unconsciously once, why would she continue to put herself in danger by remaining in the presence of this man?"

      <speculation>Because he apologised and said it wouldn't happen again, and she was in love with him so she forgave him.</speculation>

    4. Anonymous Coward
      Anonymous Coward

      Re: Twice?

      The incidents were at Occupy London i.e. a group of tents outside St. Pauls. Tents are not known for being secure, it might even have been the same big tent.

      The only thing that stands out is the cable ties - if there was enough detail to know for certain it was only one cable tie and the cable tie wasn't long enough, the evidence is suspect. Of course, the victim could have been stressed or confused under trial, and it could have been achieved with three cable ties instead of one.

  5. John Savard

    Justice

    If the accuser can be proven to have made a false accusation, she should go to jail, and, of course, not be entitled to anonymity either.

    Unfortunately, though, some guilty people don't get convicted of their crimes, so allowing people accused of rape to be anonymous would prevent women from protecting themselves.

    1. werdsmith Silver badge

      Re: Justice

      "If the accuser can be proven to have made a false accusation, she should go to jail, and, of course, not be entitled to anonymity either."

      It's more difficult than that.

      It's true that making a false accusation does a wider amount of damage than just to the accused, because it makes life more difficult for every subsequent genuine rape victim.

      However, if you inflict severe punishment on false accusers, then genuine rape victims may feel less inclined to report the crime in case things don't go well and the victim finds themselves on the wrong end of an injustice. Proof in law and absolute proof sometimes walk down different sides of the road.

    2. Anonymous Coward
      Anonymous Coward

      Re: Justice

      Unfortunately, though, some guilty people don't get convicted of their crimes, so allowing people accused of rape to be anonymous unless convicted would prevent a vanishingly tiny minority of paranoid women from protecting themselves from the innocent but presumed guilty and thus destroyed.

      FTFY

    3. MJI Silver badge

      Re: Justice

      Just think, image it was YOU that was accused, but of course you were nowhere near.

      Would YOU be happy bieng denied anonymity?

    4. rh587

      Re: Justice

      "Unfortunately, though, some guilty people don't get convicted of their crimes, so allowing people accused of rape to be anonymous would prevent women from protecting themselves."

      You appear to be saying that if someone is found not guilty by the court, they should be treated as guilty by the rest of society for the rest of their life instead. No smoke without fire eh?

      You're wrong, incidentally.

  6. This post has been deleted by its author

    1. lucki bstard

      'women ashamed of being raped' - Only women can be raped? You may wish to change your post... Rape can and does happen to both men and women; men if anything tend to come forward even less.

      1. Tom 13

        @lucki bstard

        While true, its a bit of a pedantic point since all that is necessary to correct his true statement is to change the word "women" to "rape victims"

  7. alain williams Silver badge

    Not a level playing field

    If someone can accuse another of rape knowing that there is little chance of penalty when it is found to be false - then why not do it just to make their life difficult?

    Many will piss off a partner or someone who thinks that they are or wanted to be their partner. It can be infuriating when they don't behave as you think that they should; it is all about perception, each side will view it differently, you can still annoy your partner by behaving in a way that, to you, is reasonable.

    Some who piss off their partner have behaved in a way, that most independent observers would judge, badly. Others: most would agree have behaved reasonably.

    Some do want revenge when this happens. Revenge can be everything from: a row, to destroying property, to stopping kids from seeing them, to making stuff up to get them in trouble with the law.

    It is naive to expect good, rational behaviour when emotions are bruised.

    This is not to say that all accusations are false or malicious; however some certainly are for revenge of perceived wrongs.

    What is wrong is that the accuser is protected differently from the one accused; this can only encourage false allegations. The only fair way is anonymity unless guilt is proven.

    1. Anonymous Coward
      Anonymous Coward

      Re: Not a level playing field

      I'm sorry but even if your anonymity is maintained in the media as a rape victim, it is still a Big Deal for many people to share this kind of violation with the police, legal counsel and a jury of their peers. This is not a process that is fun to go through, and it is not something anyone but the most committed sociopaths would do just for laughs. This isn't the same thing as posting some revenge porn or SWAT-ing someone. This is submitting yourself to police questioning and most likely also testifying in a lengthy court case. Seriously. People need to lose this idea that victims call "rape" at the drop of the hat. It's just not the reality.

      1. Anonymous Coward
        Anonymous Coward

        Re: Not a level playing field

        "This is not a process that is fun to go through, and it is not something anyone but the most committed sociopaths would do just for laughs"

        I think you are underestimating the capacity we humans have for looking in the mirror, not liking what we see and then seeking someone else to blame our discomfort on. Most people are a little bit dishonest about the nature, strengths and weaknesses, of who we see looking back, that's human nature. A smaller but nevertheless very significant subset are badly disshonest about the person they see looking back. How we think about ourselves is a very powerful force in psychology. Such people who are badly dishonest about themselves are often highly capable of re-interpreting events after the event just so they can continue to feel ok about themselves when looking in the mirror. Our tendency to twist the truth in I order to ensure, as we look in the mirror, "the ledger remains balanced" Is a very powerful aspect of psychology. I fact known to be so powerful, it was successfully exploited by the Chinese to engineer the defection of US servicemen during the Vietnam war (a fact that was inspiration for the film The Manchurian candidate).

        I once got expelled from school for a crime I didn't commit (being part of a gang bog washing a child). I got re-instated after a big hoohar. A few years later I asked the kid, why did you say I did it when I wasn't even there? He replied, exactly as I, from talking with people, had independently ascertained had occurred. He had been bog washed, by some kids that I knew. He actually quite liked them and wasn't normally bullied but it was a prank that went too far. He was, understandably upset. A friend told his parents when he was being taken home from school. His parents "interrogated" him and he didn't want to name his "friends." He named me as one of the culprits. The parents in fury went to the school and complained. This is where the balancing the ego bit comes in. People never want to be out of sync with their public persona, so having told the lie to his parents, which didn't seem much of a lie at the time he said it (he was resolving a different problem), it became concrete. Here's the crucial bit, he said "the thing is i then kind of convinced myself you were there even though you weren't, because at the time I didn't like you and I told myself 'he's the kind of person that probably would have done that, so it seemed OK'"

        A small lie spiralled into a much bigger one and had far bigger consequences than the lier intended.

        It should be obvious how this pattern is relevant to rape cases. Friend says to X "why are you upset," friend tells family about nasty man Y. X is ashamed about her family knowing she ever considered sleeping with Y. Yada yada. It can happen very easily.

      2. alain williams Silver badge

        Re: Not a level playing field

        I am not saying that genuine rape victims find the process easy. However not all accusations of rape are true.

        I do a lot of work with parents trying to remain part of their kids lives following divorce; mainly men. I regret to have to say that false accusations of rape are not uncommon also made up stories of other violence. It is a tactic that can stop the kids seeing their dad for several months, by the time that it determined false: mother has control of the kids and dad has to struggle to have the kids round at all. This is incredibly hard on dads and bad for the kids.

        1. Jeremy Puddleduck

          Re: Not a level playing field

          Please quote actual figures and don't just make "false accusations of rape are not uncommon" type scaremongering statements. The figure, found by the CPS is in the order of 4%, very similar to any other false claims of other crimes.

          http://www.cps.gov.uk/publications/research/perverting_course_of_justice_march_2013

          1. Anonymous Coward
            Anonymous Coward

            Re: Not a level playing field

            Jeremy, as a philosophical point, how do you verify false accusations of rape? It's one of those stats it's impossible to have any confidence in. The logic is simple and unavoidable. If the conviction rate for rape is as hopelessly low as campaigners say it is, (which is, let's be honest, because it is difficult to get objective, non-hearsay evidence of what occurred), then proof of a false accusation being made is also going to be similarly difficult to determine. The same uncertainties that make conviction difficult still apply. So that then means there is a large area of uncertainty and any figures are bound to be wrong. The only way to know for sure would be to have an omnipotent recording if actual events. Still with the NSA and GCHQ continuing as they are, it won't be long before we have that :) There are studies done in the US which have the false accusations figure far higher (conducted by the Navy, trying to understand the risks for navel personnel disembarked in the US - so not representative of the U.K. population but still interesting reading nevertheless) and studies that have it lower. There is a lot of controversy around the subject and the CPS don't have any special claim to truth/accuracy.

  8. tony2heads
    Unhappy

    Willing consent

    I think men will soon need to have printed consent form with dates, times and witnesses for sobriety before any sexual act is performed

    1. PatientOne

      Re: Willing consent

      Won't work: The woman has the right to withdraw consent at any point, up to and including the finale.

      The man can also withdraw consent, but it's easier to enforce unless he's tied down and being ridden like Seabiscuit (a race horse, if you're wondering).

      1. Yet Another Anonymous coward Silver badge

        Re: Willing consent

        >Won't work: The woman has the right to withdraw consent at any point, up to and including the finale.

        Threesomes with your lawyer?

    2. Rande Knight

      Re: Willing consent

      "I think men will soon need to have printed consent form with dates, times and witnesses for sobriety before any sexual act is performed"

      They had a movies with that scene in it - 'Cherry 2000'.

  9. lukewarmdog

    wait..

    I thought I was the leader of Anonymous..

    How does he prove that? By putting on a mask? And people go "ooo you're the guy in the mask"

    I'm so confused by all of this.

    According to Wiki (which we all believe implicitly obviously)

    "Because Anonymous has no leadership, no action can be attributed to the membership as a whole."

    So if he IS the leader, why isn't he in court on behalf of all the illegal Anonymous and sub-groups actions?

    1. Anonymous Coward
      Anonymous Coward

      Re: wait..

      I wasn't going to say anything, but he is an impostor. I am the leader of Anonymous.

  10. Cosmo

    Sounds like a right charmer

    Shagging about, notches on the bedpost, revealing the name of an alleged (at the time) rape victim?

    I think even I would vote for Cameron over him!

  11. Will Godfrey Silver badge

    It would make more sense

    if both parties were anonymous until the whole issue was done and dusted. In a clear cut situation then the guilty party (which ever that turns out to be) can be identified. In a 50-50 situation the court can make a public interest decision on who, if anyone, should be identified. This might also result in all names being made public.

    1. PatientOne

      Re: It would make more sense

      It would, except the police (and prosecution and courts) would love more 'victims' to come forwards with their own claims as this helps build a stronger case.

      This is why certain Celebrities were named for historic allegations: Get all the alleged victims in to give statements then filter out those that are clearly false, then go to trial with the best of them.

      Flip side, of cause, is this increases the chance of fraudulent and malicious accusations, as witnessed in the aformentioned celebrity cases.

      1. Anonymous Coward
        Anonymous Coward

        Re: It would make more sense

        "It would, except the police (and prosecution and courts) would love more 'victims' to come forwards with their own claims as this helps build a stronger case."

        And therein lies a huge problem. The plods are happier to have others do their work for them, than actually go out and do it themselves. And there are soooo many forms that need to be filled in, rather than the plod getting filled in by a bad 'un. Saves getting their uniforms mucked up too. So, when someone comes forward with a half-way believable story, it's easier to spread this news as far and wide as possible. Maybe some more "victims" will come forward, you know the type who were in another country at the time of any alleged attack. If the paperwork is, again, half-way decent then chuck that in too. The more the merrier. The plods and prosecutors have always had the option of publicity after a conviction. Other, real, victims might be tempted to come forward then knowing that the criminal is now locked up and cannot take immediate revenge on them.

        Of course the plods might just shrug their collective shoulders and say "Narr, not him/her. They're lying." saves all sorts of paperwork that does. Until, of course in twenty or thirty years time, hopefully when the accused is dead (and can't speak for themselves,) it appears that the accuser might NOT have been lying/making things up/dreaming.

        Mud, and lies stick. If the prosecution have not PROVEN (beyond a reasonable doubt etc etc.) that a person is guilt of the accusation, despite all of the evidence provided by the plods, then that person is INNOCENT. So why are the plods (and prosecution and courts) determined to continue to destroy lives in this manner?

  12. Anon
    FAIL

    Short cable ties

    Take two cable ties. Put the tail of one into the clicker of the other. Now you have a longer cable tie.

    1. Loyal Commenter Silver badge

      Re: Short cable ties

      Indeed, the thought had also struck me that his excuse of "cable ties are too short" was somewhat thin.

    2. DropBear

      Re: Short cable ties

      There are cable ties plenty long enough for anything except maybe a belt. These were apparently not the long type. My suspicion is she simply pointed at a cable tie produced as evidence and said "he tied my hands with one of those" at which point his lawyer probably cut in, asking "you did say ONE of those - not two, right...?"

  13. ElectricFox
    WTF?

    If she happens to be an anarchist too

    then it is a bit hypocritical to get the authorities involved and take the case to court. You know: those same authorities you want to overthrow and replace with a free-for-all vacuum.

    1. Loyal Commenter Silver badge

      Re: If she happens to be an anarchist too

      Campaigning against what is essentially massive financial inequality, and belief that there should be no laws or those to uphold them, are two very different things. With doublethink like that, have you thought about writing for the Daily Mail?

      1. ElectricFox
        Trollface

        Re: If she happens to be an anarchist too

        Part of me thinks yes, and part of me thinks no.

  14. Hans 1

    I think he got it all wrong ... he should have sued the shit out of her for libel, let the media work out who she was... ;-)

    I hate it when people, regardless of gender or social status, abuse justice - I am pretty sure she is a GCHQ "IM" (GDR speak), like the Swedish woman in Assange's case, who was, I guess, NSA "IM".

    Have I been watching too much of James Bond ?

  15. Jeremy Puddleduck

    A few facts to base your rants on

    http://www.cps.gov.uk/publications/research/perverting_course_of_justice_march_2013.pdf

    CHARGING PERVERTING THE COURSE OF JUSTICE AND WASTING POLICE TIME IN CASES INVOLVING ALLEGEDLY FALSE RAPE AND DOMESTIC VIOLENCE ALLEGATIONS

    Joint report to the Director of Public Prosecutions

    by Alison Levitt QC, Principal Legal Advisor, and the Crown Prosecution Service Equality and Diversity Unit

    "One such misplaced belief is that false allegations of rape and domestic violence are rife. This report presents a more accurate picture."

    "In the period of the review, there were 5,651 prosecutions for rape and 111,891 for domestic violence2. During the same period there were 35 prosecutions for making false allegation of domestic violence and 3 for making false allegations of both rape and domestic violence.

    Furthermore, the report shows that a significant number of these cases involved young, often vulnerable people. About half of the cases involved people aged 21 years old and under, and some involved people with mental health difficulties. In some cases, the person alleged to have made the false report had undoubtedly been the victim of some kind of offence, even if not the one which he or she had reported"

    1. Matt Siddall

      Re: A few facts to base your rants on

      The police and CPS seem very reluctant to actually prosecute people for making false allegations. They have their reasons for this, and I can understand where they're coming from but I think that they do err on the side of too cautious. The fact that there were only three prosecutions for false allegations of rape in the period of the review doesn't mean that there were not more cases than this, and cases that were known to be deliberate.

      I've seen one site that seems to keep half an eye out for such things in the news: http://thylacosmilus.blogspot.co.uk/search/label/lying%20about%20rape

      1. Jeremy Puddleduck

        Re: A few facts to base your rants on

        The same argument can be made about prosecutions for rape in the first place (particularly since the reticence of some Police forces has been uncovered by just telling male and female victims to go away). So, that argument works both ways I'm afraid.

  16. Medixstiff

    Even worse than the court case.

    The bloke's name would be all over the internet, it's not like if you are found not guilty, you can force the complainant to write to every web site and request they update their articles to show he has been found not guilty or better yet, take the article down altogether.

    Mud sticks as they say.

  17. NanoMeter

    No very anonymous, is he?

  18. Clive Galway

    "Zip ties not long enough to go around wrists" defence

    Am I missing something here? As long as you have enough zip ties, no length is too long - you just daisy chain them.

    1. Anonymous Coward
      Anonymous Coward

      Re: "Zip ties not long enough to go around wrists" defence

      We don't know the details, but the presumption is that court established they were not daisychained.

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