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by Ankintol
1881 days ago
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> there is a court and criminal justice system for a reason
Having supported a few friends trying to push these kinds of complaints through the courts, I think the precise reason this kind of naming and shaming has become so common place is the criminal justice system isn't working well. Even for fairly straightforward sexual assault case in a liberal jurisdiction with witnesses I've watched a friend struggle with members of the justice system verbally insulting and degrading them as they try to obtain justice for themselves. Having seen all that when I see a post like this I understand why the author did not go to court, and don't question it. If we took the time to actually fix the courts I'd be much more skeptical of claims that had not been presented to law enforcement. I feel for people like your brother who are victims of people abusing the trend, but as long as our justice system fails victims so horribly I think this is the least bad solution available. |
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Also, can you clarify what you mean by "verbally insulting and degrading them"? It's possible you just mean the lawyer is accusing them of lying... which is what you do when you think a person is lying. The accused does have a presumption of innocence, and the accuser may need to be cross examined under some reasonable amount of emotional stress to see if their behavior under stress reveals that they are lying. There's not really any way around this other than "well, we'll just assume they're telling the truth and anyone they accuse is guilty" which is a far worse solution in my opinion.