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Would the accused also be forced to hand over their phone? My initial impulse is that if we're going for equity, the same policy should be applied to both. I'm
by bentona 7y ago
Would the accused also be forced to hand over their phone? My initial impulse is that if we're going for equity, the same policy should be applied to both. I'm also assuming that there is an implicit accusation of false accusation by the originally accused.
- DanBC 7y agoIf the accused says "it was fully consensual and I have messages on my phone that prove it" then yes, they would hand over their phone. This is the context in which the victim's phone would be searched. If the complainant said the phone was used during the rape to record the act then the phone would be seized as evidence. > I'm also assuming that there is an implicit accusation of false accusation by the originally accused. This is the difficult balancing act the police have to do: they have to treat complainants with respect and robustly investigate the alleged crime, but they have to hold open the (small) possibility that it didn't happen like the complainant says.