Brassed Off Britannia

Brassed Off Britannia

For a moan about the state of Britain and the World

 

 

 

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 Post subject: Max Clifford
PostPosted: Sat May 03, 2014 6:21 am 
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Joined: Sat Oct 02, 2010 6:56 pm
Posts: 9404
Location: Lake District, England
There have been suggestions that pursuing Jimmy Saville's crimes was a bit pointless, he being dead, and even that other living abusers should not be pursued for crimes committed decades ago, but I caught an interesting interview last night with the man (name forgotten) who made the television documentary about Saville. He described how he received a phone call from a woman who began by asking him if he was represented by Max Clifford. He told her he wasn't. She then told him about how Clifford had abused her when she was very young and that was the first step in the prosecution that ended with an eight year prison sentence. Why didn't she go to the police? Because Clifford was a very famous and powerful man, because she thought nobody would believe her, because she was afraid that he might get to her, threatening her and her family. The TV man took it to Yewtree, Clifford was named and many other abused women (girls) came forward.

The CPS has come in for some stick, much of it well justified, for pursuing some dodgy cases since Saville, but on the whole I think justice has been well served, not least by creating a new attitude towards the abuse of the young by famous people who believe themselves to be beyond the law.


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 Post subject: Re: Max Clifford
PostPosted: Sat May 03, 2014 2:31 pm 
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Joined: Mon Oct 04, 2010 8:28 am
Posts: 5357
Location: Holst country (to be different)
Can anyone please explain to me why if he had committed these offences today he would have got a far stiffer sentence and even been charged with rape. Does it matter when you do the crime? If so why should it? I know with some offences it is inevitable that society changes and what was a crime can become not a crime but not with this type of offence.


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 Post subject: Re: Max Clifford
PostPosted: Mon May 05, 2014 7:31 am 
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Joined: Sun Oct 03, 2010 2:35 am
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Location: Fleurieu, South Australia
cromwell man wrote:
Does it matter when you do the crime?

Yes, because of the principle in law that you are subject to what the law specifies at the time, not what it becomes in the future.
That's why retrospective legislation is a rarity.

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 Post subject: Re: Max Clifford
PostPosted: Mon May 05, 2014 9:01 am 
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Location: Holst country (to be different)
I understand that GG but if it is rape now why was it not rape back then and what the hell difference does it make anyway. It was rape.
As for retrospective justice we are having cases over 50 years being brought to court. Most of it is abuse and is still abuse.


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 Post subject: Re: Max Clifford
PostPosted: Mon May 05, 2014 11:22 am 
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Joined: Sat Oct 02, 2010 6:56 pm
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Location: Lake District, England
It's not the illegality of rape that changed, but the sentences applied.


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 Post subject: Re: Max Clifford
PostPosted: Mon May 05, 2014 11:45 am 
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Joined: Sun Oct 03, 2010 11:41 am
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cromwell man wrote:
I understand that GG but if it is rape now why was it not rape back then and what the hell difference does it make anyway. It was rape.
As for retrospective justice we are having cases over 50 years being brought to court. Most of it is abuse and is still abuse.


The difference is no matter how unpleasant or distasteful your actions are, if they don't break the law, you cannot be prosecuted for them. You can't be forced to comply with a law that might be passed some time in the future.


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 Post subject: Re: Max Clifford
PostPosted: Tue May 06, 2014 5:51 am 
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Joined: Sun Oct 03, 2010 2:35 am
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Location: Fleurieu, South Australia
cromwell man wrote:
I understand that GG but if it is rape now why was it not rape back then and what the hell difference does it make anyway.

Many cases were not brought for lack of sufficient evidence to get a conviction. I.e. He said... she said....
It was an offence then and still is.
More often lately, we are seeing charges of sexual assault where the level of evidence is different and the prospect of conviction is higher.
Quote:
As for retrospective justice, we are having cases over 50 years being brought to court.

The justice is not the issue: it was application of new legislation.
The only issue here is the statute of limitations that applies to various offences.

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