Thursday 16 July 2009

THE RAPE RECOIL

"Man appeals to sue his rape accuser"

He seeks to prosecute the rape accuser for falsely implicating him.
This is in the United Kingdom.

While it certainly gives the false rape accuser the necessary caution, it also needs to be said that this might be applicable to developed countries.

In countries like India where rape is still as stigmatic as leprosy in our society, it will only help further intimidation of the victims and thus preventing them from seeking justice.


http://www.independent.co.uk/news/uk/home-news/man-appeals-to-sue-his-rape-accuser-1748272.html

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Women who cry rape face being sued for hundreds of thousands of pounds in damages if the prosecution fails to secure a conviction in court, it was claimed during a landmark legal challenge yesterday.

Anthony Hunt, 69, a former magistate from Dorset, was jailed for rape for four years in 2003 but had his conviction quashed on appeal in 2005. Yesterday he asked the Court of Appeal to allow him to sue his accuser, identified as AB, for damages of £300,000 for what he said amounted to his malicious prosecution.

The case could open the floodgates for compensation claims from hundreds of men who have been cleared of rape.
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Is there a provision in law which gives the defender the automatic rights to prosecute the accuser in case the original prosecution fails in its attempt to convict the defender ?

Like - I file a consumer court complaint. If I fail to prove the company's failure in giving proper services, do I run the risk of being sent to jail?

Is that fair and justified?

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