Allegations of rape: Why are police asking victims for their phones?

[JamesR123 0]

The Police can, and apparently have, demanded the phone of rape victims.  I am not sure why you are arguing.

 

Failure to comply with this can, and apparently has, caused cases to be dropped.

 

Sometimes this is necessary, mostly it is not. 

 

I worry that this will make rape victims, who are often reluctant to report crimes, even more reluctant.

[Guest makapaka]

13 hours ago, Cyclone said:

It's in the news today.  But you don't believe what's written apparently.

I read this 

 

“We recognise the concerns of some privacy and victims' groups and have been seeking advice from a wide range of groups to help us improve the process. We are strengthening training and investing in new technology, which will help to address concerns."

13 hours ago, JamesR123 said:

The Police can, and apparently have, demanded the phone of rape victims.  I am not sure why you are arguing.

 

Failure to comply with this can, and apparently has, caused cases to be dropped.

 

Sometimes this is necessary, mostly it is not. 

 

I worry that this will make rape victims, who are often reluctant to report crimes, even more reluctant.

Then the target is to make people less reluctant to hand over their mobile phones  - not change the resources available to the police and cps to establish guilt.

[JamesR123 0]

40 minutes ago, makapaka said:

I read this 

 

“We recognise the concerns of some privacy and victims' groups and have been seeking advice from a wide range of groups to help us improve the process. We are strengthening training and investing in new technology, which will help to address concerns."

Then the target is to make people less reluctant to hand over their mobile phones  - not change the resources available to the police and cps to establish guilt.

I did say that sometimes it is necessary to have the phone searched.  But mostly it is not.

 

I wouldn't want to hand my phone over to the police 

[Guest makapaka]

13 hours ago, JamesR123 said:

I did say that sometimes it is necessary to have the phone searched.  But mostly it is not.

 

I wouldn't want to hand my phone over to the police 

Why?

[JamesR123 0]

For many reasons,

 

I use my phone for work

 

I use my phone for entertainment 

 

I have a great deal of personal stuff on here

 

I have a great deal of sentimental stuff in here.

[Pettytom 1]

5 hours ago, makapaka said:

Why?

Why would you?

 

 My phone contains loads of personal stuff. It also contains loads of useful stuff.

 

Probably more importantly, it contains plenty of my stuff that is no business of the police.

[medusa 16]

18 minutes ago, Pettytom said:

Why would you?

 

 My phone contains loads of personal stuff. It also contains loads of useful stuff.

 

Probably more importantly, it contains plenty of my stuff that is no business of the police.

And even less the business of the defence, who could also ask for all sorts of things from it.

 

There are examples given of investigations being dropped for historical cases of abuse and rape from times before the victim actually HAD a mobile phone, yet they are still expected to allow access to the last 7 years of all of their mobile data.  How, exactly, is that meant to be relevant to the investigation?

[Pettytom 1]

7 minutes ago, medusa said:

And even less the business of the defence, who could also ask for all sorts of things from it.

 

There are examples given of investigations being dropped for historical cases of abuse and rape from times before the victim actually HAD a mobile phone, yet they are still expected to allow access to the last 7 years of all of their mobile data.  How, exactly, is that meant to be relevant to the investigation?

Indeed.

 

I’d have thought that the suspect would be the focus of any investigation, not the victim.

 

If the victim’s phone is needed, I’m sure that there is a right and proper way to do that without impounding it.

[Guest makapaka]

55 minutes ago, Pettytom said:

Indeed.

 

I’d have thought that the suspect would be the focus of any investigation, not the victim.

 

If the victim’s phone is needed, I’m sure that there is a right and proper way to do that without impounding it.

Which is exactly what the police are saying they will do.

 

[medusa 16]

27 minutes ago, makapaka said:

Which is exactly what the police are saying they will do.

 

Except there are recorded instances of cases being dropped for these reasons. 

[ECCOnoob 1,020]

3 hours ago, Pettytom said:

Indeed.

 

I’d have thought that the suspect would be the focus of any investigation, not the victim.

 

If the victim’s phone is needed, I’m sure that there is a right and proper way to do that without impounding it.

ALLEGED "victim"    ALLEGED "suspect"

 

Fair justice works both ways and so should police investigatons.

 

Some people say that the contents of their phone "...is no business of the police and even less of the defence...."   But I would like the investigating authorities to decide that fact.   Who says its no business of the police.    Its clear that nobody seems to give a toss about privacy of the accused even when they are proved innocent but try to do a bit of digging on the alleged victim and people scream the house down. 

 

It stinks.    In an allegation as serious of rape any potentially relevant information should be made available to investigators if they so require.  That includes access to what is, lets face it, one of the most comprehensive information sources that we all carry around in our pockets.

 

Edited July 24, 2019 by ECCOnoob

[JamesR123 0]

So if I raped you, added to the indignity of the assault, you would be happy to surrender your phone to the police?

 

That would leave you cut off from a support network and you would have people looking through all the pictures, all the text messages and all the social media messages you have sent from the phone.

 

Your internet history (you got any fetishes you like to search on porn hub?) would be open to strangers.  My defence payday would bring up everything they could to discredit you.  Your family come to support you in court?  My defense lawyer tells your mum exactly what porn you like.  Exactly what you search for on the internet. 

 

It is a gross breach of privacy.