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Rape Victim Abused and Threatened in Court

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  • 20-02-2020 12:22am
    #1
    Registered Users Posts: 11,952 ✭✭✭✭


    Surprised theres not a thread on this already. Terrible this was allowed happen.

    The Rape Crisis Network has called on the Garda to investigate threats made to a victim of sexual violence in a courtroom after two men were jailed for raping her.

    On Monday morning, two Leitrim men were jailed for seven years for raping a woman who had blacked out at a house party in 2017.

    After the sentence was handed down and the judge had exited the courtroom, some supporters of the men shouted at the victim. One woman shouted obscenities and another person shouted, “You’re a liar” and “You’re going to pay for this”.
    Clíona Saidléar, executive director of the Rape Crisis Network Ireland, condemned the remarks and called on the State to show it is “willing and able to protect survivors who come forward in this manner”.

    “This is a threat, even out of the context that it’s in, this is a threat from one person to another person and that’s a matter for the gardaí. We would also wonder if there was an element of contempt of court there,” Ms Saidléar said.

    “We would really like to see the arms of the State really taking it [verbal abuse] seriously because it can have a hugely detrimental impact on not only this survivor, but others who are contemplating, or in the process of, coming forward through the justice system.


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Comments

  • Banned (with Prison Access) Posts: 231 ✭✭Martin Lanigan


    Sickening


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Cowards waiting until the Judge had left. Despicable .


  • Registered Users Posts: 11,952 ✭✭✭✭anewme


    Graces7 wrote: »
    Cowards waiting until the Judge had left. Despicable .

    Awful.

    There are many witnesses still remaining though who saw this, some of whom must be Gardai?
    Not sure why they would not be challenged or arrested.


  • Posts: 0 [Deleted User]


    anewme wrote: »
    Awful.

    There are many witnesses still remaining though who saw this, some of whom must be Gardai?
    Not sure why they would not be challenged or arrested.

    Arrested for what? No physical violence. No serious threats. Saying "You're going to pay for this" is too vague a threat for the Gardai to act upon.

    There was no actual actionable abuse here. Such shouting is common enough in court rooms, when supporters are unhappy with a verdict. Would you have females who shout abuse when a rape claim fails in court, to be equally arrested?

    https://www.irishtimes.com/news/crime-and-law/call-for-garda-to-investigate-threats-to-victim-of-sexual-abuse-1.4176723 (you really should have posted the link to the article)

    "“No formal complaints have been made by any parties at this time."


  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    anewme wrote: »
    Awful.

    There are many witnesses still remaining though who saw this, some of whom must be Gardai?
    Not sure why they would not be challenged or arrested.


    Because it’s not determined to be serious enough to warrant a criminal investigation is all. That’s not to say that the Gardaí couldn’t investigate an incident if they thought it warranted investigation, it simply appears that in this case, they don’t -


    Call for Garda to investigate threats to victim of sexual abuse


    As an aside, Clíona Saidléar is an awful dose, using every opportunity to make a mountain out of a molehill.


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  • Registered Users Posts: 11,952 ✭✭✭✭anewme


    Arrested for what? No physical violence. No serious threats. Saying "You're going to pay for this" is too vague a threat for the Gardai to act upon.

    There was no actual actionable abuse here. Such shouting is common enough in court rooms, when supporters are unhappy with a verdict. Would you have females who shout abuse when a rape claim fails in court, to be equally arrested?

    https://www.irishtimes.com/news/crime-and-law/call-for-garda-to-investigate-threats-to-victim-of-sexual-abuse-1.4176723 (you really should have posted the link to the article)

    "“No formal complaints have been made by any parties at this time."

    Arrested for making threats.

    I cant post the link - it wouldn't on my phone.

    I'm not sure why you are asking about females? Did I not say that a woman shouted obscenities. Not sure what your angle is on this.? Abuse is abuse.

    If the Gardai witness people making threats, should they not arrest them, even if the victim does not make a complaint.

    Your excuse that they dont support the verdict is poor.


  • Registered Users Posts: 11,952 ✭✭✭✭anewme




    As an aside, Clíona Saidléar is an awful dose, using every opportunity to make a mountain out of a molehill.

    Speaking out about abusing and threatening a rape victim in a Court of Law is hardly making a mountain out of a molehill.


  • Posts: 0 [Deleted User]


    anewme wrote: »
    Arrested for making threats.

    Threats happen all the time. Unless the Gardai believe that there is a real risk involved, then they won't take action... especially when no formal complaint occurs.
    I'm not sure why you are asking about females? Did I not say that a woman shouted obscenities. Not sure what your angle is on this.? Abuse is abuse.

    I asked about a situation. We've done rounds on sexism/feminism threads before. So, you would be inclined that similar threats/comments by others should be followed up on. Fair enough.
    If the Gardai witness people making threats, should they not arrest them, even if the victim does not make a complaint.

    Your excuse that they dont support the verdict is poor.

    Who? The Gardai? And I'm not excusing anything.. from anyone.

    And no, They shouldn't be arrested unless the Gardai believe them capable of actual immediate violence. Ireland is not a police state, and I suspect you wouldn't like it if it was.


  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    anewme wrote: »
    Speaking out about abusing and threatening a rape victim in a Court of Law is hardly making a mountain out of a molehill.


    Respectfully, I disagree. That’s exactly what it’s doing. I’m not justifying their behaviour, nor do I believe it’s an acceptable way to behave in a Court of Law, but calling for people to be arrested for their behaviour in those circumstances is ridiculously overdramatic and would simply be a waste of time and resources.


  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    Respectfully, I disagree. That’s exactly what it’s doing. I’m not justifying their behaviour, nor do I believe it’s an acceptable way to behave in a Court of Law, but calling for people to be arrested for their behaviour in those circumstances is ridiculously overdramatic and would simply be a waste of time and resources.


    So people should be free to threaten rape complainants in the courthouse?
    What effect do you think this will have on rape victims who are worried about pressing charges against their rapist?


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  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    CrankyHaus wrote: »
    So people should be free to threaten rape complainants in the courthouse?


    Who said that?

    CrankyHaus wrote: »
    What effect do you think this will have on rape victims who are worried about pressing charges against their rapist?


    I don’t think it’s unreasonable to assume it would be just another reason put some people off the idea off making a complaint to the authorities. I think a better way to address the issue is to prepare the person to be able to deal with the possibility that it could happen.


  • Registered Users Posts: 24,401 ✭✭✭✭lawred2


    Who said that?

    well what's stopping them? You say yourself drawing attention to it is "making a mountain out of a molehill"


  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    lawred2 wrote: »
    well what's stopping them? You say yourself drawing attention to it is "making a mountain out of a molehill"


    I also said this, maybe you missed it -

    I’m not justifying their behaviour, nor do I believe it’s an acceptable way to behave in a Court of Law, but calling for people to be arrested for their behaviour in those circumstances is ridiculously overdramatic and would simply be a waste of time and resources.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 76,577 Admin ✭✭✭✭✭Beasty


    Posts by re-reg troll plus replies deleted


  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    Who said that?


    You said it when you argued against any prohibition or sanction for people threatening rape victims in the courthouse. People are free to do anything that is not forbidden.




    Now you're saying we should simply tell rape victims how to suck it up.


    But yeah, I suppose if they complained they'd just be making a mountain out of a molehill.


  • Registered Users Posts: 9,166 ✭✭✭Fr_Dougal


    Any threats like that should be followed up and at the very least they should have been arrested for using abusive and threatening language.

    It’s difficult enough for rape victims to have to go to court, they should be fully protected from that sort of crap.


  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    CrankyHaus wrote: »
    You said it when you argued against any prohibition or sanction for people threatening rape victims in the courthouse. People are free to do anything that is not forbidden.


    So I didn’t say it, but you inferred the above from what I actually said. Well that’s your own issue, I see no need to defend something I never said.

    CrankyHaus wrote: »
    Now you're saying we should simply tell rape victims how to suck it up.


    I didn’t say that either.

    CrankyHaus wrote: »
    But yeah, I suppose if they complained they'd just be making a mountain out of a molehill.


    You can suppose what you like, just don’t try to attribute it to me as if I said it. What I actually said was -

    As an aside, Clíona Saidléar is an awful dose, using every opportunity to make a mountain out of a molehill.


    Perhaps to save us both some time and effort, before you go again, you could address what I actually said, and not just reinterpret what I said to suit yourself.


  • Registered Users Posts: 24,401 ✭✭✭✭lawred2


    I also said this, maybe you missed it -

    so the only risk to them is some tut tutting..

    so yeah free to do what they want then..


  • Posts: 0 [Deleted User]


    CrankyHaus wrote: »
    So people should be free to threaten rape complainants in the courthouse?
    What effect do you think this will have on rape victims who are worried about pressing charges against their rapist?

    The threats came after the sentencing. Not before or during.

    You really think the supporters of the defendant are going to be happy with losing a case? You think anybody doesn't already know that?

    If people really wanted such things to stop, then formal complaints would be made to the Gardai.
    Fr_Dougal wrote:
    Any threats like that should be followed up and at the very least they should have been arrested for using abusive and threatening language.

    So, if someone calls you a wanker, then they should be arrested? That's abusive language. What happens after they're arrested? No. Seriously. What happens to them for insulting you?
    It’s difficult enough for rape victims to have to go to court, they should be fully protected from that sort of crap.

    Which is completely impractical. Fully protected? The defendant was found guilty, and sentenced. The victim was protected from the defendant. Until the other people break the law, they're not a genuine danger, and following up on everything that might hurt someones feelings, is an awful waste of resources. People make emotional outburst all the time, and the vast majority of them never deliver on their threats.

    But sure, campaign to change the law (or perhaps there is a law already, although I doubt it). But to my knowledge, they didn't break the law, which means a formal complaint by someone would have been needed. None was made.


  • Registered Users Posts: 23,942 ✭✭✭✭One eyed Jack


    lawred2 wrote: »
    so the only risk to them is some tut tutting..

    so yeah free to do what they want then..


    Well, this is going round in circles.


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  • Registered Users Posts: 24,401 ✭✭✭✭lawred2


    So, if someone calls you a wanker, then they should be arrested? That's abusive language. What happens after they're arrested? No. Seriously. What happens to them for insulting you?

    woah hang on there - insulting someone is a different matter.

    "you'll pay for this" is a direct threat of violence in a courtroom. At a person that was vindicated by the courts.

    comparing apples with oranges.


  • Closed Accounts Posts: 2,817 ✭✭✭Raconteuse


    Would you have females who shout abuse when a rape claim fails in court
    Crikey, even on this, the "what if the genders were reversed" chestnut.


  • Registered Users Posts: 16,642 ✭✭✭✭osarusan


    Raconteuse wrote: »
    Crikey, even on this, the "what if the genders were reversed" chestnut.


    Gotta be shoehorned in to everything at any opportunity.


  • Registered Users Posts: 22,002 ✭✭✭✭ELM327


    Was anyone present in the court? If so, was there the possibility that the conviction was unwarranted? Innocent men get convicted.


  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    So I didn’t say it, but you inferred the above from what I actually said. Well that’s your own issue, I see no need to defend something I never said.

    I didn’t say that either.

    You can suppose what you like, just don’t try to attribute it to me as if I said it. What I actually said was -

    Perhaps to save us both some time and effort, before you go again, you could address what I actually said, and not just reinterpret what I said to suit yourself.

    Spare me the semantics.

    You literally said people should not be arrested for "this", which was threats and abuse towards the rape victim at the courthouse. If people don't face any sanction for "this", then they are free to do "this". There's no inferring involved, just basic comprehension of the English language.

    You literally said that you'd prefer that the rape victim be prepared to deal with the possibility of "it", it being threats and abuse at the courthouse. Again no twisting of your words involved.

    You literally dismissed criticism of what occurred as "making a mountain out of a molehill". Again no inferring involved.


  • Registered Users Posts: 7,499 ✭✭✭Sabre0001


    Well, this is going round in circles.

    To make it simple for everyone, what do you think is an appropriate deterrent for someone who behaves like this?

    🤪



  • Registered Users Posts: 9,166 ✭✭✭Fr_Dougal


    ELM327 wrote: »
    Was anyone present in the court? If so, was there the possibility that the conviction was unwarranted? Innocent men get convicted.

    The court found them guilty. I’m sure they have right to appeal, but they were found guilty.


  • Posts: 0 [Deleted User]


    Raconteuse wrote: »
    Crikey, even on this, the "what if the genders were reversed" chestnut.

    Actually, no. It was a question as to whether it was wrong in every situation or just where a female was concerned. A reasonable thing to ask since anewme has come out with many feminist driven threads/posts before.

    anewme, answered that it wasn't and such threats should be considered negative in any situation... and I said fair enough. Which it would be.


  • Posts: 0 [Deleted User]


    lawred2 wrote: »
    woah hang on there - insulting someone is a different matter.

    "you'll pay for this" is a direct threat of violence in a courtroom. At a person that was vindicated by the courts.

    comparing apples with oranges.

    You said abusive and threatening. Abusive is insults.. And "You'll pay for this" is not a direct threat of violence. It's a vague threat. The recipient will pay. Could have any number of meanings depending on the person making the threat. Maybe God will strike them down? Maybe they'll get a terminal illness?

    It's a vague threat. If it had been combined with actual physical violence, or further more specific threats, then it would have been clearer, and actionable. It wasn't.


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  • Registered Users Posts: 8,029 ✭✭✭SusieBlue


    You said abusive and threatening. Abusive is insults.. And "You'll pay for this" is not a direct threat of violence. It's a vague threat. The recipient will pay. Could have any number of meanings depending on the person making the threat. Maybe God will strike them down? Maybe they'll get a terminal illness?

    It's a vague threat. If it had been combined with actual physical violence, or further more specific threats, then it would have been clearer, and actionable. It wasn't.

    Why are you downplaying this? They had a blatent lack of respect for the law to make such a statement in a court.
    Smacks of people who don't give two f*cks about legal consequences, and think that they can just do as they please.

    It doesn't matter if its vague or crystal clear, a threat was made & that's unacceptable to both our legal system and to victims of crimes and shouldn't be tolerated at all.


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