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Criminal justice, especially for sexual offenses against women and girls, has been in the news a lot lately. Read the Labor ad accusing the Prime Minister of being soft on child abusers, it’s great since Sunak has been PM for less than 6 months, not enough time for sex abuse cases to be investigated or tried. Not to be outdone, during the election campaign, the new First Minister of Scotland, promised to uphold the rights of women. He showed how much he meant by being photographed with a big pink heart and the look of a man who forgot his birthday and his partner’s birthday, hoping that a big vulgar card with a reduced price sticker would allow him to return to his marriage. bed This is also due to some recent cases and what they tell us about the facts.
The first is the conviction of – and revelations about – prolific offenders such as David Carrick, the Met police. Aged 48, in February he pleaded guilty to 48 counts of rape and sexual assault dating back to 2003 and was sentenced to a minimum of 30 years in prison. There are at least 5 previous allegations – none of which have been investigated, properly or at all – against him. The police are now investigating the possibility of sexual abuse committed when he was 13. According to the judge’s sentence, he had a drunken stepfather, who was abusive to his mother.
Meanwhile, in Scotland, Sean Hogg, aged 21, was sentenced to 270 hours of community service after being convicted of raping a 13-year-old girl in 2013, after threatening her several times. The Scottish sentencing guidelines 2022 state that a custodial sentence should not be imposed on a person under the age of 25, unless there is no alternative. This is based on scientific evidence that shows that people’s cognitive abilities are not mature enough to date. This and the need for rehabilitation are factors that the judge may consider, although he may impose a custodial sentence in this case. The sentence, which has been widely criticized for its lenience, can still be compared to the Crown.
What can we learn from these two cases (and others like them)?
- The attack on Hogg’s case is in 2018; a sentence of 5 years later. This is not unexceptional. It shows a criminal justice system that is not fit for purpose.
- Children and boys exposed to domestic violence and the absence of an exemplary father figure are at risk of learning that this is acceptable behavior and, in turn, causing the violence they see and/or do to others. Repellent is the behavior of people like Carrick, it does not come from nowhere.
- If crimes and misdeeds are not forgotten or banished, on the grounds of youth and immaturity, young people will realize that they can do bad things, even horrible things, and get away with it. The conviction rate for rape is quite low. If the cost is an hour of garbage collection, why not? And done it once, do it again. repeatedly. The same applies to older men, in respectable professions and occupations, when the allegations are not investigated or are considered not serious or not justified. Or when a minor sexual offense (indecent exposure, say) is treated as little more than a joke.
- Of course, maturity takes time to develop. A 17-year-old is not the same as a 26-year-old. But brain maturity is not the only important factor. Morality is also important. Even young people can learn the difference between right and wrong before they reach adulthood. Indeed, learning to act and accepting that these actions have consequences is part of the process. Social norms are supposed to be reinforcing. Young people need to be taught how Being mature is not immaturity is a get out of jail free card.
- But if this is wrong and children under the age of 25 can’t be expected to understand that child rape is wrong or face prison terms, why do we expect them to vote, get a job, get married, become parents or even become members of parliament ? Does immaturity only matter when it comes to misconduct?
- Rehabilitation is important but justice for victims comes first. Rape is a horrible crime, for women, men and especially children. A 13-year-old is a child. Beyond the fear, violence and pain, there are physical and mental consequences, often lasting for years. There is shame and guilt and an attack on one’s sense of self, and all of this is done to someone who is less mature than the attacker. The effect on him seemed almost incalculable, as if he had given evidence and his age was listed as an aggravating factor, he could be forgotten. Why would anyone bother to report these crimes if this is the result?
- 98% of all sexual assaults are committed by men. The vast majority of victims are women. It is a very stark sexual divide and how society deals with it reveals more than anything else the value society places on women.
Labor has a point when it attacks the Tory government’s record on criminal justice, even though the issue did not start in 2010.
- Irresponsible ministers.
- Too many incompetent police forces.
- Inadequate forensic services.
- A large backlog of cases due to insufficient courts, judges, prosecutors and defense lawyers and is growing.
- Cases take years – half a decade sometimes – to get tried, a hideous burden on the accused, victims and witnesses.
- Prison facilities are not enough, which judges must now take into account when sentencing.
- Inhuman prison conditions.
- A trial service without the resources to do its job.
- Little effective rehabilitation for prisoners and not much support for victims.
Is there instead – in excess – many politicians talk loudly about wanting to do “something” about (“half“in fact! © Keir Starmer) violence against women and girls, is now easily reduced to “WOW“abbreviation.
But unless Labor – or someone else – clearly said they will spend money – a lot of it – to fix this situation dismal business (and how it will rise), talk and acronyms all women and girls can expect. No party anywhere in the UK has an interest in having an effective and timely system that catches criminals, brings them to justice and compensates victims. At best, they can pass more laws but without the resources to make them work.
The real problem with the Labor attack – or the Tory counter-attack – is the unfairness, incoherence or various inaccuracies of investigations, trials and convictions. They are nothing more than “Tough on Crime” window-dressing, as interviews with Lucy Powell and Emily Thornberry point out (where is Steve Reed, Labour’s Shadow Justice Minister?).
The bluster is empty. Put it on a poster and you have the entire next election campaign for all parties concluded.
Cycle free
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