EP

In episode 146 of the Not on Record podcast Joseph, Michael and Diana delve into the complexities of reaction evidence in criminal cases, particularly focusing on a recent trial involving text message exchanges between an accused and a complainant. Joseph, Michael and Diana discuss a controversial ruling where the accused's failure to deny an allegation of sexual assault was interpreted as an admission of guilt by the trial judge, raising concerns about the reliability of such conclusions. The episode highlights the importance of context in communication, especially in digital formats like text messaging, and critiques the procedural shortcomings in how evidence was handled during the trial. Joseph, Michael and Diana emphasize that a mere lack of response should not be equated with guilt without considering other plausible explanations for the accused's behaviour.
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#Podcast #law #MeToo

[@AdelaideGuy1968]

I find it interesting how there are rules about assuming and narrating how a victim may act, yet assumptions on how an accused is to act is acceptable in a court. Arent all these just myths?

[@josephneuberger4166]

We are getting there but correct observation

[@LisaPangman]

In my sons' case some one else sent messages and pretended to be him. My son was set up by the woman who falsely accused him.

[@josephneuberger4166]

Horrible

[@davidmoore1370]

@@LisaPangman I just found out the same about thing about another regulated system. This idea bothers me as well. How can we know?

[@ionaolive6501]

A forensic psychologist testified in a case I was involved in and was asked by opposing counsel whether it was characteristic of a perpetrator to deny allegations of abuse, the entire argument being that the accused “fit the profile” of an abuser (given there was no evidence). It still hurts my brain that on cross counsel had to clarify what other group of people denies allegations? Derp, innocent people? So you can’t win. Deny or don’t deny, it will be used against you.

[@LisaPangman]

My son was afraid to break down in tears because he was afraid that they would beat him. He has PTSD now.

[@mekbebtamrat817]

Very informative as usual. Well done.

[@josephneuberger4166]

Thank you very much.

[@ardvark8699]

So is choosing to remain silent with the police considered failure to deny?

[@TheInsomniaddict]

"You have the right to vehemently deny so your words can be used against you in the court of law. If you choose not to use this right, your silence will be used against you in the court of law."

[@davidmoore1370]

Thanks again. I didn't have a great result myself in court this week. Learning though. Respect.

[@Blacklaboratory]

I am sorry. I've learned, that court defenses demand a very advanced representation, from a person/team who is able to mount a methodical analysis and explanation of FACTS. Experience is only the beginning.

[@josephneuberger4166]

It is a very difficult process

[@Blacklaboratory]

Good evening.