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Harvey [30387. Posted 15-Oct-2014 Wed 14:35]
some fair points.
If there is a problem, it`s where the government see making a new law as the cheap and easy way to be seen to be "doing something".
But unless you want to do away with criminal offences entirely, there will always be cases of prosecutions which don`t result in convictions. They are only "unsuccessful" when they fail to convict a person who is guilty. When an innocent person is acquitted, it should bee seen as the trial process working properly, but as you say the damage is done.
I too find it odd that cor is able to see the emotional damage to a person who is tried under the DPA, even going as far as to say their lives are ruined, but unable to see that the same kind of emotional damage can be inflicted in other ways. When that damage is inflicted intentionally, it probably does fall into the same category as intending to inflict a physical injury, and we do expect the criminal law to address that.
I just think you need to take great care about when and how you extend the criminal law. Even where you do identify some genuine mischief which is criminal in nature, if you find yourself having to make tortuous definitions and exceptions, and exceptions to the exceptions, you have probably not identified the real nature of the mischief you are trying to legislate against.
phantom [30386. Posted 15-Oct-2014 Wed 13:52]
Actually reading Car and Harvey on `revenge porn` it strikes me that the government is considerably more clear about what revelations they think can cause a person harm than they are willing to accept regarding the prosecution.
The DPA has been mentioned... and how much harm an unsuccessful prosecution can cause.
Oddly the harm by prosecution is pretty much identical to the type of harm the government is so keen to prevent by introducing a law against `revenge porn`.
However, it doesn`t seem that anyone in government seems to be making any connection at all.
It seems fairly clear that the cumulative harm done by unsuccessful prosecutions - together with the self evident harm done by the successful ones - actually far outweighs the hypothetical harm supposedly done by the pornography the DPA seeks to ban.
I don`t even think that`s a matter of opinion anymore. It seems fairly obvious at one thousand prosecutions per annum.
Nonetheless the government is content to continue doing harm there.
But how quaint that they ought to be keen to prevent people `having their lives ruined` because of `revenge porn`...
Harvey [30385. Posted 15-Oct-2014 Wed 11:22]
I understand your points, but I think I`ve made mine as clearly as I can, so I won`t repeat myself.
Obviously, in your case, if the intention was to cause distress, it would be caught by what is being proposed. OTOH, if the law was in place the a person would have to think carefully about what they were making public and they would do so in the knowledge they they would be comitting an offence i.e. their choice, frely made. It would be entirely up to you to decide whether the distress you suffered warranted making a complaint.
As for the CPS, it is their job to prosecute as forcefully as they can where there is evidence. It`s also entirely right that a defendant makes just as forceful a defence and statement of mitigation. It`s the judge who we rely on to act imprtially. Yes, you are right that there have been prosecutions under the DPA. Some have resulted in convictions but there have been acquittals and convictions quashed on appeal, as well, but damaged lives in the process. The big difference with the DPA is that at no stage is the prosecution required to show that the defendant caused or intended to cause any harm at all.
Good grief! The government tying itself in knots, struggling to define what is and isn`t a sexual image.
If an image is private, nobody should have the right to publish it without consent. If it`s published with the intent of causing harm, either that`s a crime (as I believe) or it isn`t. It shouldn`t depend on whether the image meets some cooked up definition as to whether it is sexual or not, ffs!
Some time ago there was a tragic accident where children were killed and some of the press obtained and published private photographs of the children involved. That caused distress, and as private photos, the press had no right to do what they did, yet this isn`t the right kind of distress, apparently.
Why are governments totally obsessed by sex?
sergio [30384. Posted 15-Oct-2014 Wed 01:09]
It`s lawyers overtime ....
`(3) A photograph or film is “sexual” if—
(a) it shows all or part of an individual’s exposed genitals or pubic
(b) it shows something that a reasonable person would consider to be
sexual because of its nature, or`
And I am a reasonable person!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!