I really shouldn't follow cases like this; it's terribly bad for my blood pressure. Let's assume that you're a law graduate training to be a barrister. You're doing badly in your exams because you go out drinking and partying every night. What do you do? Apparently, "party less and study harder" is too passé - the hip modern approach is to accuse your boyfriend of a series of rapes and assaults:
The allegations made by Rhiannon Brooker meant Paul Fensome was arrested, charged and held in prison for 37 days.Could be? I'm not sure that there are the words. At minimum, Brooker should be given the same sentence as Mr. Fensome would have received given the rape sentencing guidelines which looks to be a 15 year starting point (Repeated rape of same victim over a course of time or rape involving multiple victims) with one possible aggravating factor (ejaculation) and one possible mitigation (sex with victim before offence). The guidelines for perjury regarding rape notes that "If there is any question as to whether the original allegation might in fact have been true, then there is not a realistic prospect of conviction, and no charge of perverting the course of justice should be brought" so the CPS is clearly convinced that the accusation was indeed false rather than not provable. The sentencing guidelines indicate aggravating factors (premeditated, persistent, arrest of innocent person) and indicate a likely sentence of 1-2 years.
Following an 11-week trial, the jury of 10 men and two women at Bristol crown court on Thursday found Brooker, who has an eight-month-old child, guilty of perverting the course of justice. She was given bail but could be [my emphasis] jailed when she is sentenced later this month.
Giving this woman a non-custodial sentence would send an appalling message to other women who falsely accuse their innocent boyfriends of rape to get out of a sticky situation. The message would be "it's worth a try - in the absolute worst case where you get found out, prosecuted and convicted you still won't see the inside of a jail." I'm hopeful (though not certain) that her potential career as a barrister has come to a screeching halt, but despite her 8 month old baby this woman needs to spend serious time in jail. Her reckless accusations were a gnat's chuff from jailing an innocent man for a decade or so, and as a law graduate there is no question that she knew the consequences of her accusations.WAR has not been helping their case:
A War [Women Against Rape] spokesperson said the prosecution of Brooker was "completely disproportionate", adding: "Time and again we see police resources diverted from rape and put into prosecuting women instead."First, would anyone like to point to a "Women In Favour of Rape" group? No? Then let's focus on this "spokesperson"'s assertion. Yes, the police put resources in to prosecuting women like this. They happened to persuade a jury, beyond reasonable doubt, that Rhiannon Brooker made up these allegations and tried to send Mr. Fensome (poor bastard) away for a good number of years as a sexual offender, thereby giving him a sporting chance of being stabbed to death in the shower or having boiling hot cocoa poured over him. This seems like the sort of crime that we would expect the police to prosecute, n'est ce pas? Or should the police never prosecute women for crimes where men are the victims?
God. If Mr. Fensome happened to throw WAR's spokesperson into a manure pit and I was on the jury, I'd declare him innocent and ask for the prosecution witness to be put to death. If WAR want to help women who have been raped, they can start by ensuring that juries don't think that rape accusations can be motivated simply by spite: give women who make false accusations some skin in the game by giving them a realistic prospect of spending years in jail for this kind of perjury.