I wonder what your personal and private response has been to outcomes from recent high profile sex crimes trials. My own response has been to regret that such trials are dealt with by juries and of course that the media are unhelpful.
There is little worse than finding yourself as front page news as a result of accusations that are false. Such false allegations can ruin careers and lives even if they are found not guilty by a jury of their peers. The recent series of high profile cases has brought some criticism of the CPS but I wonder if it might be helpful if I share some of my own insight into the system.
A man I know lived with the knowledge that an older and senior Christian leader had entrapped him in what he considered to be inappropriate sexual activity when he was very much younger and naive. It had left him feeling dirty, guilty and confused. But he had forgiven the older man, warning him that if he ever discovered that the older man had acted similarly to others he would blow the whistle.
Life went on apparently normally for about another 20 years until he heard of another young man who had allegedly suffered similar experiences as he worked with the older man. Immediately he took steps to encourage a thorough but discreet investigation through the local church and Christian organisation in which the older man worked. All attempts proved useless even after several other men made sworn affidavits (the same as testimony under oath) alleging sexual misconduct by the older man. It also meant that the first younger man had to talk about personal things he felt to be shameful. That would have been costly. All this happened some years ago when churches and Christian organisations were not as well informed about reporting allegations to the police.
Another twelve years passed at which time the original younger man - now middle aged - became concerned that others might be at risk. By then he had discovered that sexual abuse can often become habitual and even addictive behaviour. Though he hated to do it he felt he had to talk to the police. To reveal that improper behaviour had taken place in a Christian context felt shameful. However, he was shocked when the response of the police was to state that what had happened to him those many years before was criminal and not just inappropriate.
A detailed statement was recorded and the police asked to see the affidavits. But the solicitor who had been entrusted with the documents had shredded the files! A statement was taken from the second younger man (now also middle aged) and the information passed to the CPS who decided there was sufficient evidence to bring the matter to court. On being arrested the older man confessed to the activities reported but claimed that he was the innocent victim and not the perpetrator. The case eventually came to court after several more years and the older man pleaded not guilty.
The not guilty plea meant that the two who had been the victims of his abuse had to relate graphically the things that had been done to them. The younger man who had blown the whistle spoke clearly and confidently as he was led through his statement and then cross examined. The other younger man shook visibly and wept as he gave his evidence and was cross examined. Both found this an ordeal.
The barrister acting for the CPS had arrived late and refused to talk with the prosecution witnesses before the trial began. It soon appeared that he could have been better prepared. By contrast the barrister representing the man on trial had come prepared with material that might have been refuted if the CPS barrister had been more prepared. An additional problem was that a significant proportion of the jury were younger men and women who would have had difficulty in understanding the culture at the time the original alleged offences took place.
Ironically the man was found guilty on all charges relating to the second younger man but not guilty on all charges relating to the younger man who had blown the whistle! The police and CPS were shocked at what they saw as injustice. However, the court of law had passed its verdict. Knowing the man who had blown the whistle I have no doubt as to his integrity. For him it had been a costly journey over many years. He would be left with the shadow of the abuse he had experienced hanging over him with no proper closure. I cannot help but wonder whether there are complainants in recent cases that might find themselves feeling similarly. But men have stood trial before their peers and proclaimed innocent. In the eyes of the law that is what they are.
Before the CPS bring sexual abuse cases to court they have to be strongly convinced that the evidence is sufficient to obtain a guilty verdict and, where there are several witnesses, that there is no conflict of evidence. So coming back to the story I have shared with you (one of a number of cases with which I am familiar) what have I concluded?
It is clear that there are guilty people who are found not guilty and innocent people that are found guilty. The outcome in a court depends substantially on the experience and skill of the barristers. Courtrooms are places where a drama is performed with several actors. A witty and well prepared barrister who can make a passionate case for his/her client is of value. A barrister who has not invested time and emotion in engaging with the case is a liability. Court cases are costly financially so if the prosecution or defence has sufficient funds they will be able to employ the best firms to represent them. That is not just. It is not only about the facts; it is about a performance that convinces - or fails to convince - the jury.
In my opinion bringing such cases to court using the present system carries risks to both parties and is incredibly painful either for someone innocently accused or those who have to relate hurtful experiences. Furthermore we are risking justice itself. I would much rather have such cases heard in private before a panel of judges and determined on a majority decision of that court. I believe this might be the case in France.
But no human system of justice can be 100% perfect. By contrast, this is not he case when we stand before God. In Psalm 51 David pleads guilty to the dreadful crimes he committed. He offers no plea of mitigation. He describes himself to be a sinner and uses all three concepts of sin within Hebrew understanding. I love his statement about the one before whom we will all one day stand "...you are right in your verdict and justified when you judge."
Many men and women might boast "I was found not guilty" but might know in their hearts that they are guilty, But the fallible courts in which we stand on earth will be eclipsed by that greater time of judgement that is inevitable. Better to plead guilty here and hear God's gracious words of pardon now than to plead not guilty here only to hear that overturned in eternity. What matters most is not our state in the eyes of the law but our state in the eyes of God.
Thank you for your prayers
Were you praying for me around 4.30 to 5.00 last Saturday afternoon (5th April)? If so, thank you as I was saved from a potentially serious accident when driving home from Devon. It had been a very busy but fruitful time there. On Thursday, after the morning's Lent Bible Discussion, I had travelled from Leicestershire to Brayford in north Devon to work throughout Friday with the Methodist Church. On Saturday I had called in on a Congregational Church on Exmoor to encourage the minister, and then enjoyed lunch with old Christian friends near Tiverton. Thursday to Sunday was an intensive time of work (approximately 48 hours of work over the four days).
We had also had a profitable day on Tuesday, firstly with the visit to Gartree Prison in the afternoon and then with a planning meeting for Hope in our Villages that will involve our church in Yelvertoft, Northamptonshire. I had experienced a very blessed service on Sunday 30th March at Gartree Prison, and numbers in the male voice choir have been growing each week for three weeks.
Please continue to pray for the churches and people following all these activities.
On Palm Sunday I will be preaching at Yelvertoft Parish Church at a Joint Service in the village. On Wednesday 16th we are holding our next Messy Church event. See www.yelvertoftchurch.org.uk for more information about our ministry there.
As we celebrate Easter over coming days I pray that your heart will leap at the wonder of the gospel we proclaim.
Happy Easter.
Barry
There is little worse than finding yourself as front page news as a result of accusations that are false. Such false allegations can ruin careers and lives even if they are found not guilty by a jury of their peers. The recent series of high profile cases has brought some criticism of the CPS but I wonder if it might be helpful if I share some of my own insight into the system.
A man I know lived with the knowledge that an older and senior Christian leader had entrapped him in what he considered to be inappropriate sexual activity when he was very much younger and naive. It had left him feeling dirty, guilty and confused. But he had forgiven the older man, warning him that if he ever discovered that the older man had acted similarly to others he would blow the whistle.
Life went on apparently normally for about another 20 years until he heard of another young man who had allegedly suffered similar experiences as he worked with the older man. Immediately he took steps to encourage a thorough but discreet investigation through the local church and Christian organisation in which the older man worked. All attempts proved useless even after several other men made sworn affidavits (the same as testimony under oath) alleging sexual misconduct by the older man. It also meant that the first younger man had to talk about personal things he felt to be shameful. That would have been costly. All this happened some years ago when churches and Christian organisations were not as well informed about reporting allegations to the police.
Another twelve years passed at which time the original younger man - now middle aged - became concerned that others might be at risk. By then he had discovered that sexual abuse can often become habitual and even addictive behaviour. Though he hated to do it he felt he had to talk to the police. To reveal that improper behaviour had taken place in a Christian context felt shameful. However, he was shocked when the response of the police was to state that what had happened to him those many years before was criminal and not just inappropriate.
A detailed statement was recorded and the police asked to see the affidavits. But the solicitor who had been entrusted with the documents had shredded the files! A statement was taken from the second younger man (now also middle aged) and the information passed to the CPS who decided there was sufficient evidence to bring the matter to court. On being arrested the older man confessed to the activities reported but claimed that he was the innocent victim and not the perpetrator. The case eventually came to court after several more years and the older man pleaded not guilty.
The not guilty plea meant that the two who had been the victims of his abuse had to relate graphically the things that had been done to them. The younger man who had blown the whistle spoke clearly and confidently as he was led through his statement and then cross examined. The other younger man shook visibly and wept as he gave his evidence and was cross examined. Both found this an ordeal.
The barrister acting for the CPS had arrived late and refused to talk with the prosecution witnesses before the trial began. It soon appeared that he could have been better prepared. By contrast the barrister representing the man on trial had come prepared with material that might have been refuted if the CPS barrister had been more prepared. An additional problem was that a significant proportion of the jury were younger men and women who would have had difficulty in understanding the culture at the time the original alleged offences took place.
Ironically the man was found guilty on all charges relating to the second younger man but not guilty on all charges relating to the younger man who had blown the whistle! The police and CPS were shocked at what they saw as injustice. However, the court of law had passed its verdict. Knowing the man who had blown the whistle I have no doubt as to his integrity. For him it had been a costly journey over many years. He would be left with the shadow of the abuse he had experienced hanging over him with no proper closure. I cannot help but wonder whether there are complainants in recent cases that might find themselves feeling similarly. But men have stood trial before their peers and proclaimed innocent. In the eyes of the law that is what they are.
Before the CPS bring sexual abuse cases to court they have to be strongly convinced that the evidence is sufficient to obtain a guilty verdict and, where there are several witnesses, that there is no conflict of evidence. So coming back to the story I have shared with you (one of a number of cases with which I am familiar) what have I concluded?
It is clear that there are guilty people who are found not guilty and innocent people that are found guilty. The outcome in a court depends substantially on the experience and skill of the barristers. Courtrooms are places where a drama is performed with several actors. A witty and well prepared barrister who can make a passionate case for his/her client is of value. A barrister who has not invested time and emotion in engaging with the case is a liability. Court cases are costly financially so if the prosecution or defence has sufficient funds they will be able to employ the best firms to represent them. That is not just. It is not only about the facts; it is about a performance that convinces - or fails to convince - the jury.
In my opinion bringing such cases to court using the present system carries risks to both parties and is incredibly painful either for someone innocently accused or those who have to relate hurtful experiences. Furthermore we are risking justice itself. I would much rather have such cases heard in private before a panel of judges and determined on a majority decision of that court. I believe this might be the case in France.
But no human system of justice can be 100% perfect. By contrast, this is not he case when we stand before God. In Psalm 51 David pleads guilty to the dreadful crimes he committed. He offers no plea of mitigation. He describes himself to be a sinner and uses all three concepts of sin within Hebrew understanding. I love his statement about the one before whom we will all one day stand "...you are right in your verdict and justified when you judge."
Many men and women might boast "I was found not guilty" but might know in their hearts that they are guilty, But the fallible courts in which we stand on earth will be eclipsed by that greater time of judgement that is inevitable. Better to plead guilty here and hear God's gracious words of pardon now than to plead not guilty here only to hear that overturned in eternity. What matters most is not our state in the eyes of the law but our state in the eyes of God.
Thank you for your prayers
Were you praying for me around 4.30 to 5.00 last Saturday afternoon (5th April)? If so, thank you as I was saved from a potentially serious accident when driving home from Devon. It had been a very busy but fruitful time there. On Thursday, after the morning's Lent Bible Discussion, I had travelled from Leicestershire to Brayford in north Devon to work throughout Friday with the Methodist Church. On Saturday I had called in on a Congregational Church on Exmoor to encourage the minister, and then enjoyed lunch with old Christian friends near Tiverton. Thursday to Sunday was an intensive time of work (approximately 48 hours of work over the four days).
We had also had a profitable day on Tuesday, firstly with the visit to Gartree Prison in the afternoon and then with a planning meeting for Hope in our Villages that will involve our church in Yelvertoft, Northamptonshire. I had experienced a very blessed service on Sunday 30th March at Gartree Prison, and numbers in the male voice choir have been growing each week for three weeks.
Please continue to pray for the churches and people following all these activities.
On Palm Sunday I will be preaching at Yelvertoft Parish Church at a Joint Service in the village. On Wednesday 16th we are holding our next Messy Church event. See www.yelvertoftchurch.org.uk for more information about our ministry there.
As we celebrate Easter over coming days I pray that your heart will leap at the wonder of the gospel we proclaim.
Happy Easter.
Barry
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