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How can this be fair?


Saffy

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Remember that it's not enough merely for evidence to indicate that an assault was committed. There must be no reasonable doubt.

 

Without knowing either the character of the victim, or any of the details of the case, I must point out that a woman saying "I didn't give permission" and a man saying "she did give permission" definitely does count as reasonable doubt. Unless there is more to go on than one word against another, there can only be a verdict of not guilty.

 

I think you're right here; it's the thing about there perhaps no other evidence than the accounts of the accused and the victim. I think the OP refers to others that were in the romm and wouldn't make statements? Perhaps the case may have ad a different outcome if those people had been prpeared to talk.

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The verdict....a caution???

 

Surely if it went to Crown, a verdict of either guilty or not guilty has to be returned, or else the case dismissed by the judge with no case to answer or some other legal technicality. Only the police give a caution afaik and isn't a possible outcome once it goes to court?

 

They can be found guilty & be given a conditional discharge, or a suspended sentence & walk away from court without any punishment.

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They can be found guilty & be given a conditional discharge, or a suspended sentence & walk away from court without any punishment.

 

when My ex beat me up and fractured my cheekbone 25-odd years ago, I was not even called to court to give evidence, despite the injury, and the fact that he had also broken a non-molestation, non-harassment injunction served on him less than six months earlier. He, too, only got a year's conditional discharge, and I was never awarded any compensation or anything.

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