In the public opinion, sexual offence cases cover a particularly traumatic form of violence (BBC, 2013). Under the UK legal system, victims are vested with special rights separate from those granted to victims in other types of criminal cases. The Sexual Offences Act 1976(Amendment) guarantees lifetime anonymity for the identity of the alleged victim. This legal restriction means the media cannot report on any matter that may link somebody the victim to the case. This restriction was first proposed by Heilbron in 1975 to improve the rate of reporting (Robertson& Nicol, 2008). However, whether defendants should have their identity protected or not is still a controversial issue. Some argue identity protection to extend to defendants. For example, …show more content…
Defendants no longer enjoy the same rights as victims. Defendant anonymity was proposed again in 2006 and began the process of being reintroduced to the law in 2010. However, pressure and protest from women in all walks of life forced the government to remove it (Greer, 2011). Matravers (2003) argues that offenders may have the right to gain such injunctions in the future, yet it is currently not in force as a result of ethical codes. Some consider protection to be necessary for defendants as victims (BBC, 2013). It has been suggested that the law should protect the private information of suspects and prohibit media coverage from until the perpetrator is convicted. However, the charity Rape Crisis holds a different view. They consider that victims in sexual offence cases will feel further victimized due to the anonymity to suspects given by the law. This essay will demonstrate the arguments on both sides. It will analyse whether defendants should enjoy the same rights as victims from two aspects. One is that anonymity can protect innocent suspects. Another is that offenders face some …show more content…
That bias arises from deep-rooted myths, but is also likely influenced by press releases. Greer (2011) argues that the main purpose of media coverage is not to ‘reflect’ objective truth. In his view, media coverage can cause moral panics, and plays an important part in constructing ideology and influencing social attitudes to issues of law and order. Therefore, the attitude towards people who are charged with sexual offence depends on how society has stigmatized it. When print sources describe a suspect as a devil, it may sharpen the debate over sexual offence cases. However, Matravers (2013) suggests that the government may manipulate public fears to strengthen its power and position against offenders, and therefore it is not in government interest to take measures against the aforementioned bias. However, he maintains that the law has a responsibility to deal with public fears and sensitive media coverage. In this situation, defendant anonymity should be considered for defendants as victims in sexual offence cases. Without anonymity, the public may not give appropriate attention to defendant issues aside the crime
In “Crime and Punishment: The saga of Richie Parker” published in Sports Illustrated, Gary Smith helps to explain just how many people are affected by a single sexual assault case. He does this in a very unique style by giving 12 sections explaining the incident from different points of view and the effects of a single crime. One person affected was Jill Agostino, the sports copy editor for Newsday. Her unnamed colleague had given her a copy of an article he was writing on Richie Parker and called asking if she liked it. Little did he know, stories like his were keeping her up at night, reminding her of the time she was raped nine years earlier.
This case also shows the effectiveness of the legal system in protecting individuals rights to not be tried or punished more than once under section 26. This is shown as the NSW Director of Public Prosecutions had urged that it would be oppressive as he already served 11 months of his sentence therefore the acquittal remained the
The United States Supreme Court in the Packingham v. North Carolina first amendment case has ruled in favor of Lester Gerard Packingham. The state from now on may not bar social media access to registered sex offenders. The case’s build up dates back to 2002 when 21 year old college student Lester G. Packingham had a sexual relationship with a 13-year-old girl. For involvement with a minor he received a 10-12 month sentence, but having never met problems with the law, the judge required him to go on a 24 month probation and register as a sex offender. Five years had passed and in 2008 North Carolina forbid any person on the sex offender list to use any type of social media.
As proven by Nigel Jaquiss, muckraking is still out there in the world. Muckraking does still exist in 2016 in newspapers as demonstrated by Nigel Jaquiss’s three-part Willamette Week expose titled, “The 30 year secret; A crime, a cover up, and the way it shaped Oregon.” “On May 6, he confessed” (Jaquiss) This article helped prove that Neil Goldschmidt raped a 14 year old girl for three years, and covered up the crime. This article also showed the long term effects of sexual assault, by showing how terrible the girl’s life way following the assault (Jaquiss).
On July 29, 1994, New Jersey resident Megan Kanka was lured into the home of Jesse Timmendequas, a convicted sex offender, with promises of seeing a puppy (Corrigan, 2006). Once she entered his house, she was raped twice, strangled with a belt, and suffocated with a bag (Corrigan, 2006). Timmendequas was arrested soon after and confessed to this crime (Corrigan, 2006). This event outraged Kanka's parents and the surrounding community (Corrigan, 2006). They used this tragic death to create Megan's Law as an addition to the Jacob Wetterling Crimes against Children Violent Offender Registration Act, which required sex offenders to register within their counties (Welchans, 2005).
Chapter Eight of the book Flawed Criminal Justice Policies, authors take the closer look at the laws and faulty policy regarding the sex offenders. According to the book policy makers started the myriad laws to protect the public from the sex offenders with increased prison sentences, and restricting the residences to the violators. Today we have very similar situation when it comes to treatment of sexual offenders. The process starts with the sex offender being committed to the prison sentence, and lastly to being registered as a sex offender on many public websites, so that the people could distinguish who the sex offender is and where he/she lives. In this chapter we can learn about a lot of different statues that were made to protect people from the sex offenders.
In the book, Missoula: Rape and the Justice System in College Town, by Jon Krakauer, the reader delves into how rape and sexual assault are treated in the town of Missoula, and the University of Montana. As the reader, we are informed on how the university, the police department, the district attorney’s office, and the community reacted to these rape and sexual assault allegations. We see how the criminal justice system has failed the victims, and are forced to live with what happened to them, while their assailants are free of any burden. The law is set in place to protect people from victimization, but when the men, in this book, are not legally held accountable, then any woman, or man, is more susceptible to victimization. It is interesting
Since the founding of our judicial system there have always been individuals claiming innocence to a crime that they have been found guilty of, traditionally, after their sentencing no matter how innocent they may or may not be would have to serve, live and possibly die by the decision of their peers. The Innocence Project, founded in 1992 by Barry C. Scheck alongside Peter J. Neufeld faces this issue by challenging the sentencing of convicted individuals who claim their innocence and have factual ground to stand upon. The Innocence Project uses the recent advances in deoxyribonucleic acid (DNA) testing to prove their client’s innocence by using methods that were not available, too primitive or not provided to their clients during their investigation,
The person dying should have every right to their privacy even if they committed heinous acts that no person should ever do. First, the authors acclaims “Little would change in the death chamber; the faces of witnesses and executioners could be edited out…” The authors make this statement seem that executions are entertainment and not informative news. Blurring out faces does not change the fact that they are minutes away from death.
The “Nothing-to-Hide Argument” Analyzed: In this rhetorical analysis, I will be taking a look at Daniel J. Solove’s essay “The Nothing-to-Hide Argument,” which is about privacy in the context of personal information and government data collection (Solove 734). Solove’s main argument in his essay is that the general public has a narrow perception of what privacy really is. The purpose behind his main argument is to expose the problems with the nothing-to-hide argument while presenting a way to challenge it for his target audience, government officials. Solove’s argument to his target audience is effective through his exemplary use of substance, organization, and style in his essay.
In Warriors Don’t Cry, Melba Pattillo Beals describes her arduous battle for racial equality in the brutal town of Little Rock, Arkansas in the late 1950s. When she was only twelve years old, Melba survived attempted rape by a white man. Scared and confused, Melba went home and told her family. However, they instructed her to keep quiet about the abuse because they believed getting the police involved would only make things worse. Unfortunately, thousands of sexual assaults still go unreported for a myriad of reasons, including distrust in law enforcement and the criminal justice system, the possibility that the abuser will not be punished, and victim blaming, a common occurrence in our society.
‘Simplification’ (Bloustein and Israel 2009) was also present as the report was easy for readers to understand due to the chronological order of events. It was apparent who the victim and the portrayer of the crime were. The news value of ‘negativity and titillation’ (Bloustein and Israel 2009) was apparent within the violent nature of the crime. Evan’s crime news value of ‘context’ (2017) was evident as the death of Phil Walsh was a well-known event which captured the attention of the country. Consequently, the report was likely to receive the attention of readers who sought the information of the crime.
The movie Spotlight, recounts the true events that occurred in Boston and were brought to light back in 2002. The movie talks about the massive cover-up scheme by the catholic church to conceals the fact that several priests were abusing and had abused hundreds of kids without any action from the Archdiocese. In this paper I will summarize the movie, discuss the type of victims shown in the movie, asses the risk level of the victims, and lastly relate the different theories of victimization and how each relates to the movie. The movie follows a group of journalists working at the Boston Globe, who are known as the spotlight team.
ABSTRACT “The media's the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses.” Malcolm X