Allegations of rape: Why are police asking victims for their phones?

[altus]

11 minutes ago, the_bloke said:

But it does demonstrate the need to have access to their phone though.

No it doesn't. All the phone related information in the article would have been available on the accused's phone.

So it appears your issue is with the Police having access to every phone of note whilst information gathering rather than requiring a warrant.

There are checks and balances on what the police are allowed to do. Them having to obtain warrants and the rules under which they will be granted are part of this. If they have to get a warrant to search your property[1], why shouldn't they need one to search your phone?

 

 

[1] There are exceptions such as to answer cries for help.

[Cyclone]

19 hours ago, the_bloke said:

If the Police didn't see the contents of her phone and the messages on it, then why was it even mentioned? Surely the Star can only report on facts that came out in court.

 

It's also technologically naive to think that the only things on a phone are text messages and telephone calls; I hardly use mine for either.

 

IMO this case demonstrates how important mobile phones are in establishing the context of two people's relationship when one is accused of rape. The issue is when other things on the device are then used in some way to smear the victim. 

Her phone wasn't mentioned.

 

What was mentioned were a number of calls and texts.  The texts would be available on his phone and from the network operator, but more importantly.

 

Quote

 

During the course of the police investigation into Weldon’s allegation, officers obtained CCTV from Maida Vale which showed Weldon and the complainant ‘hugging and kissing’. 

Mr Goldsack told the court that officers also took a statement from one of the complainant’s neighbours, who said he witnessed him coming home with Weldon; and later heard ‘love making and a female making pleasurable sounds’ through the walls of their adjoining properties.

 

When it became clear that there were problems with her story, only then is appropriate for her to become a target of AN investigation (not the same investigation) into making a false report, at which point perhaps seizing her phone is proportional.

 

14 hours ago, Lockdoctor said:

Exactly correct.   Anyone making a serious allegation should be prepared to be investigated themselves.

 

Absolutely not.  Unless your intent is to deter people from making reports.

[Top Cats Hat]

This discussion now seems to be going round in circles.

 

It has basically become a debate between those who prioritise the interests of the tiny number of false rape and sexual assault allegations over the many genuine allegations and those who see this as something which will increase the already woefully low under reporting of this offence..

[Guest makapaka]

3 hours ago, Top Cats Hat said:

This discussion now seems to be going round in circles.

 

It has basically become a debate between those who prioritise the interests of the tiny number of false rape and sexual assault allegations over the many genuine allegations and those who see this as something which will increase the already woefully low under reporting of this offence..

It shouldn’t be a matter of priority.

 

its just a mechanism for obtaining the correct information to ascertain the true events.

 

the CPS think it will. At the moment I’m minded to side with them rather than some posters on here - at least until something occurs which makes me think otherwise.

 

if it assists the cps in proving a rape or false accusation I’m for it - perhaps there just needs to better communication and trust in terms of how the phone is examined when handed over.

Edited May 15, 2019 by makapaka

[altus]

13 minutes ago, makapaka said:

It shouldn’t be a matter of priority.

 

its just a mechanism for obtaining the correct information to ascertain the true events.

 

the CPS think it will. At the moment I’m minded to side with them rather than some posters on here - at least until something occurs which makes me think otherwise.

 

if it assists the cps in proving a rape or false accusation I’m for it - perhaps there just needs to better communication and trust in terms of how the phone is examined when handed over.

They already have mechanisms to obtain the information. It's about them not wanting to abide by the existing checks and balances. And don't think timeliness is an issue - any information that can be deleted from a phone between a false allegation being made and the police getting a warrant to search the phone can also be deleted from the phone before the allegation is made.

 

A bigger issue, and one that should be a matter of priority, is the police/CPS not handing information over that could be useful to the defence.

[Cyclone]

11 hours ago, makapaka said:

It shouldn’t be a matter of priority.

 

its just a mechanism for obtaining the correct information to ascertain the true events.

 

the CPS think it will. At the moment I’m minded to side with them rather than some posters on here - at least until something occurs which makes me think otherwise.

 

if it assists the cps in proving a rape or false accusation I’m for it - perhaps there just needs to better communication and trust in terms of how the phone is examined when handed over.

Well, it's already been withdrawn hasn't it.  Despite your support of authority at all costs.

[Guest makapaka]

9 hours ago, Cyclone said:

Well, it's already been withdrawn hasn't it.  Despite your support of authority at all costs.

What has been withdrawn and how is it in spite of my support?

[PRESLEY]

There should be no privacy when a crime has been committed.  Police should be able  to search who they like when they like. And the same with searching houses.    This is why  there is  so much crime becuse the poor copper cant flippin breath these days. 

[Top Cats Hat]

Himmler tried that with the SS.

 

Where is he now?

[Lockdoctor]

On 15/05/2019 at 08:07, Cyclone said:

 

Absolutely not.  Unless your intent is to deter people from making reports.

The goal should be to deter people from making false reports and false allegations.