Why it is so easy to Prosecute Sex Offences?

 

For those who are still unaware of the facts:-

 

NO EVIDENCE IS REQUIRED TO CONVICT ON SEXUAL OFFENCES

 

The Criminal Justice and Public order Act 1994,The Sexual offences Act 2003 and recent statutory amendments to the Criminal Justice System have combined to create a 2 tier Criminal Justice System.  Something that is contrary to the concept of everyone being equal in the eyes of the law.

 

Today a person’s legal rights are determined by the offence(s) with which they have been accused or charged.  For offences such as theft,robbery,burglary etc which are classed as ‘Standard Criminal Offences and therefore not political and not included in the TABLOID MEDIA VERIFICATION Programs, the intentionally accepted legal ’norms’ have been preserved and the prosecution are still obliged to prove “Beyond Reasonable Doubt” that the defendant committed the offences and THIS STILL REQUIRES THE CORROBORATION OF VERBAL ACCUSATION MADE BY PROVISION OF EVIDENCE (i.e. something tangible, to not only prove the offence but also to link the accused to the offence).  However, for politically contentious offences i.e. Sexual Offences, the international norms have been removed so the premise of “Innocent  until proven Guilty” has been removed.

 

The prosecution no longer have to prove “Beyond Reasonable Doubt” that the offence occurred.  The civil burden of proof has instead been inserted into Criminal Trials, leaving the jury to make their decision based on the ‘Balance of Probabilities”.  Which is a much lower burden of proof, whereby no evidence is required to prove the offence and no corroboration is needed for the accusation.  The need for corroboration was removed by the Criminal Justice and Public Order Act 1994 section 32 & 33.  Which make false accusations not only possible but also more probable as well as automatically creating a second class tier of criminal offences.

 

This has been achieved simply by changing the rules of evidence and reducing the burden of proof necessary to CONVICT. It has been easier to convict by the fact that the checks and balances such as the presumption that a person is innocent until proven guilty had come from common law and was therefore not part of the statutory legal framework, meaning that any change necessary could be achieved by the burden of proof, thus changing the treatment of the accused.  So the accused is now, in effect, “Guilty until Proven Innocent”  and has to prove beyond all reasonable doubt  that he/she is innocent of the charges.

 

Before this the prosecution had the burden of proof which went far beyond mere accusations, but which no longer applies to Sexual Offences in the UK.  This means the Defendant is now “Guilty Until (or if) they can prove themselves innocent".

 

EVERYONE KNOWS THAT TO PROVE A NEGATIVE IS VIRTUALLY IMPOSSIBLE.

 

This is contrary to the articles 6 (1) (2) and 14 of the convention for the protection of Human Rights and fundamental freedoms which provides the presumption of Innocence in Criminal Trials (see Funke V France (1993) 16EHRR297).  The principle assumes that the prosecution needs to provide evidence (not merely accusation) of guilt in a criminal trial.  ACCUSATION NOW SEEMS TO BE TREATED AS EVIDENCE.

 

The Police have a duty of care to carry out a fair and impartial investigation.  This means treating people “EQUALLY”, “JUST” and “REASONABLE”.  Treating everyone or everything equal and not “biased’.

 

“BIASED”       A) TO BE PREJUDICED FOR OR AGAINST

                       B) AN OPINION OR TENDENCY TO BE STRONGLY FOR OR AGAINST A PERSON OR THING

 

The ACCUSER has now been labelled “The Victim” by the Justice Minister, the police, and the public press.  “THE VICTIM WILL BE BELIEVED”.  Collaborated evidence is not needed by a Professional, Doctors or Social Workers to bring a prosecution to court by the Police and CPS.  The Police just have to prove you were there and the Law of Probability, “is that it is true”.

 

GUILTY UNTIL PROVEN INNOCENT.

 

Get a lawyer who investigates and not just reviews the prosecutions case as presented.

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Any guidance on this site is based purely on our own personal experiences and information we have picked up. We therefore cannot accept any liability for any information you use from this site. If you believe that anything on this site is factually incorrect or misleading, we would welcome your comments.

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