law

Taking Rape Allegations Seriously: How Should We Treat the Accused?

Last week, the Crown Prosecution Service announced that it would not pursue further action against Oxford Union president Ben Sullivan, due to insufficient evidence arising from an investigation into the two accusations of rape and attempted rape made against him. In early May, Sullivan was arrested and released on bail, prompting a chaotic six-week period for the Union as the Thames Valley Police investigated the claims made against him. After Sullivan refused to resign, a number of high-profile speakers, including the UK director of Human Rights Watch, the Interpol secretary-general, and a Nobel Peace prize winner, pulled out of their speaking commitments as part of a larger boycott of Union events.

In an open letter (which has since been taken down) calling for the boycott, students Sarah Pine, who is Oxford University Student Union’s Vice President for Women, and Helena Dollimor wrote, “Remaining in his presidency continues to offer prestige and power to someone who is being investigated for rape. This undermines the severe nature of allegations of sexual offences.” In contrast, Oxford professor A.C. Grayling penned a response to the letter refusing to cancel his scheduled talk at the Union, noting, “I simply cannot, in all conscience, allow myself to act only on the basis of allegations and suspicions, or of conviction by the kangaroo court of opinion, or trial by press…” In this post, I look at the spectrum of responses in the wake of Sullivan’s arrest, of which these two examples represent the poles. More broadly, I consider how we ought to respond – both as individuals and a society – when those in positions of power are accused of rape or other sexual offences. Continue reading

How the Danziger Story Advances the Abortion Debate in America: Actual Futures, Moral Status, and Common Ground

It has become commonplace in recent years to note that the ‘abortion debate’ in America has become entrenched. Indeed, there seem to be few issues in contemporary politics that elicit less common ground than the abortion debate finds in its stalwartly pro-choice and pro-life opponents. It is just as common, if not more so, these days to speak of the ‘attack on Roe v. Wade’ or ‘the attack on women’s rights,’ particularly in light of recent findings that more abortion restrictions were enacted between 2011 and 2013 in the U.S. than in the entire previous decade. Now more than ever, especially for the pro-choice movement, it is necessary to conceptualize novel approaches to the questions of the beginning, end, and quality of life that sit at the heart of the abortion debate. Here I examine a recent case and how it has the potential to advance this debate. Continue reading

If you’re female, your face is worth 48-67% more than mine

If you’re a young woman, your face is worth between 48-67% more than that of a young man.

That’s the gist of the Judicial College’s Guidelines for the Assessment of General Damages in Personal Injury Cases, 12th Edition (2013) – one of the canonical texts used by lawyers.

For ‘Very Severe Scarring’ ‘in relatively young women (typically teens to early 30s), where the cosmetic effect is very disfiguring and the psychological reaction severe’, the suggested range of damages for pain, suffering and loss of amenity (what lawyers call ‘general damages’) is £39,160 – £78,650. The corresponding figures for males (‘especially in males under 30’) are £24,090 – £53,075.

The editors of the Guidelines are embarrassed by the discrepancy. They point out that it arises from ‘cases that stretch back into the mists of time’, but that  it is ‘nonetheless open to serious doubt that gender itself can be a proper or indeed lawful factor in determining the level of general damages.’ The embarrassment is appropriate. Gender in itself should not be relevant. The Guidelines list the relevant factors: they include ‘the subjective impact of the disfigurement upon the claimant and the extent to which it adversely affects the claimant’s social, domestic and work lives’.

Should the Guidelines declare that, as a matter of policy, the law should refuse to distinguish between facial scarring in males and in females? That, one might think, is an appropriate way for the law to declare its gender-blindness: it might help to nudge society (which the law leads, as well as reflects) in the right direction. But that would be wrong: the fact is that, whether we like it or not, facial scarring matters more to women. We should do our best to change the attitudes that make this the case, but it is the case, and in compensating claimants, judges should not pretend that we live in a liberal utopia in which people are not judged (by themselves and others) on the basis of the shape or colour of their face. Similarly, when assessing damages for loss of earnings, the law should not pretend that the legislation which prohibits discrimination on grounds of disability actually works.

Football scandal shapes the future of a one world government

A recent football scandal has broken to the surface of what is likely a deep swamp of corruption. At least 680 matches are dubious, probably many more. But how come law enforcement haven’t been able to stamp out this epidemic? Well, as stated:

We are organized in Singapore, I flew from Budapest, the match is in Finland, we’re wagering in the Philippines using masked computer clusters from Bangkok to Jakarta. Our communications are refracted across so many cell networks and satellites that they’re almost impossible to unravel. The money will move electronically, incomprehensibly, through a hundred different nowheres.

No current legal system can cope. But legal football is huge business – if the current scandals persist, and start biting into the clubs’ bottom lines, they will put huge pressure on legal authorities to clamp down (or to seem to clamp down). And if not football, then the next major industry suffering from organised crime more than they benefit from it. Continue reading

Sui generis, or generic gay? Pardoning Alan Turing

There is a new call for a pardon of Alan Turing, who in1952 was convicted of homosexuality. An earlier petition for a pardon was declined by the UK government (he got an apology instead 2009). Lord McNally stated in the House of Lords that:

“A posthumous pardon was not considered appropriate as Alan Turing was properly convicted of what at the time was a criminal offence. He would have known that his offence was against the law and that he would be prosecuted.

It is tragic that Alan Turing was convicted of an offence which now seems both cruel and absurd – particularly poignant given his outstanding contribution to the war effort. However, the law at the time required a prosecution and, as such, long-standing policy has been to accept that such convictions took place and, rather than trying to alter the historical context and to put right what cannot be put right, ensure instead that we never again return to those times”.

However, the eminent signatories of the new call counter by arguing:

“To those who seek to block attempts to secure a pardon with the argument that this would set a precedent, we would answer that Turing’s achievements are sui generis.”

Does that make moral sense?

Continue reading

Does committing a murder make a 13-year-old an adult? In US courts it does…

Some days ago, two 13-year-old boys have been charged with first degree murder in Wisconsin (USA), as reported by the Daily News (New York). Allegedly, they went to one of the boy’s great-grandmother’s home, killed her using a hatchet and hammer, then stole her jewellery and her car – and went for a pizza afterwards.

After giving horrid details of the killing, the Daily News concludes its report with stating that the boys’ defence attorney tries to have the case moved to juvenile court. The reason why these 13-year-olds are not automatically charged as juveniles but stand trial in an adult court is that the USA allows prosecutors to try minors as adults when they commit certain violent felonies. In several states, children as young as 7 can be – and are – tried as adults for some years now. They can be convicted to adult sanctions, including long prison terms, mandatory sentences, and placement in adult prisons. (Since 2005, however, under 18-year-olds can’t be convicted to death sentence any more.)

Continue reading

‘Please drink responsibly’: voluntary intoxication and generating responsibilities

A scenario:

You are with a group of friends in a bar on a Friday night and one of them has had rather a lot to drink – much more than he usually does. He seems happy, despite slurring his words and taking a few moments to get his balance. But, as he slurs his goodbye at the door of the bar, it flashes through your mind that maybe you should walk him home. ‘Nah’, you think, ‘he’ll be fine’ – and he would certainly protest. Ten minutes later he stumbles and falls into the river and drowns. Did you have a duty to walk him home? What about the others in your group? Moreover, might that duty have been a legal one?

 

Continue reading

Cabs, censorship and cutting tools

The smith was working hard on making a new tool. A passer-by looked at his work and remarked that it looked sharp and dangerous. The smith nodded: it needed to be very sharp to do its work. The visitor wondered why there was no cross-guard to prevent the user’s hand to slide onto the blade, and why the design made it easy to accidentally grip the blade instead of the grip. The smith explained that the tool was intended for people who said they knew how to use it well. “But what if they were overconfident, sold it to somebody else, or had a bad day? Surely some safety measures would be useful?” “No”, said the smith, “my customers did not ask for them. I could make them with a slight effort, but why bother?”

Would we say the smith was doing his job in an ethical manner?

Here are two other pieces of news: Oxford City Council has decided to make it mandatory for taxicabs in Oxford to have CCTV cameras and microphones recording conversations of the passengers. As expected, many people are outraged. The stated reason is to improve public safety, although the data supporting this decision doesn’t seem to be available. The surveillance footage will supposedly not be made available other than as evidence for crimes, and not stored for more than 28 days. Meanwhile in the US, there are hearings about the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, laws intended to make it easier to block copyright infringement and counterfeiting. Besides concerns that critics and industries most affected by the laws are not getting access to the hearings, a serious set of concerns is that they would make it easy to censor websites and block business on fairly loose grounds, with few safeguards against false accusations (something that occurs regularly), little oversight, few remedies for the website, plus the fact that a domestic US law would apply internationally due to the peculiarities of the Internet and US legal definitions.

Continue reading

Recent Comments

Authors

Affiliations