Clare's law

Discussion in 'Politics, Religion, Social Issues' started by niuniu, Sep 6, 2012.

  1. niuniu macrumors 68020

    niuniu

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    #1
    Clare's law (named after a domestic abuse sufferer and campaigner) gives women the right to ask police about their partner's domestic abuse history. Something which police were not previously obliged to disclose.

    Clare's law was first adopted in July in a couple of areas in the UK. It's now being rolled out further in the country, today Greater Manchester. If successful it looks like all over the UK the police will be able to offer this service.

    http://www.homeoffice.gov.uk/media-centre/news/clares-law-pilot
    http://www.bbc.co.uk/news/uk-england-manchester-19495894

    No reason why this shouldn't be adopted all over the world. Women/men and children should know if you're worthy of their trust and be entitled to information specific to them. Just as a creditor should know about your credit history.

    I particularly like the name as (another) Clare was a friend of mine in London who suffered a broken pelvis from her violent partner as well as occasional bruising from beatings. She had two kids to him and had to juggle them, the abuse she suffered at home and her aspirations to finish law school. In the end she dropped out. Her partner was jealous of her passing exams and meeting new ambitious people and so the abuse got worse.
     
  2. Dagless macrumors Core

    Dagless

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    #2
    Does this allow any gender to look up their partner's records?
     
  3. Happybunny macrumors 68000

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    #3
    I have been following this story with some interest.

    I am not sure if this could be done in the Netherlands, our privacy laws are very tight.
     
  4. niuniu thread starter macrumors 68020

    niuniu

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    #4
    Definitely gender neutral going by the Home Office release. Seems more like a woman's law because of the name and nature of abuse I guess.

    Yea here we've managed to do it within our existing laws. I wonder if we will see a privacy challenge at some point at the ECHR level. Wouldn't get much public support, but doesn't mean it wouldn't be a breach.
     
  5. LIVEFRMNYC macrumors 603

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    #5
    So are we talking convictions or charges/arrests/indictments. I personally see a huge flaw if it's anything less than a guilty conviction.

    Also, I'm not sure how the UK works. But here in America plenty of state records don't register in other states unless a more thorough investigation is sought out. And most likely that doesn't happen with minor inquiries. Many sex offenders end up teaching at schools in other states without anyone knowing because of this. If the UK is the same way, then this law will be a joke.

    Lastly, does this law work both ways. Can a male inquire about a women before he lets her around his kids?
     
  6. niuniu thread starter macrumors 68020

    niuniu

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    #6
    A history can mean a police caution, which wouldn't be a conviction but is considered an admission to an offense (I have a spent one myself from when I was a teenager, not for domestic abuse however). The police wouldn't simply release the information, they would consider whether it was in your interests to do so.

    A man who had been accused of pushing his girlfriend when he discovered her cheating 20 years ago wouldn't be considered an immediate threat and the information wouldn't be disclosed. A man who had beaten several of his past partners most likely would.

    The UK shares a national database, even the different territories share information. When I applied to work in Youth Justice I had to get a disclosure of past offences which did show up my caution from another territory.

    Both men and women can use the Clare's law service.
     
  7. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #7
    It better be. Why should it be isolated to women checking on men only? Do you know how many crazy ****ing women there are in the world?
     
  8. niuniu thread starter macrumors 68020

    niuniu

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    #8
    Made a mistake in the original post. It was Clare's father, not Clare herself who campaigned. Clare was strangled and set on fire by a partner with a string of past domestic abuse against different women.

    At the time there was no way for her to disclose knowledge of those offenses.
     
  9. q64ceo macrumors regular

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    #9
    I could see something like this be implemented by the United States. Unfortunately we have some people within our country who would fight tooth and nail against this, so I doubt anyone has the political will to do so until some victim of domestic abuse dies in a horrible event
     
  10. CHAOS STEP macrumors 6502

    CHAOS STEP

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    #10
    The only way I can see this working, is if you do this check up before you even hook up with your potential date / mass murderer.

    Once you have started to go out with a real nutter, then it's pretty much too late. In fact that is what seems to have happened in the original case. I understand that there were criticisms of what the Police did or didn't do, so maybe that was what the problem was?

    Mind you, sounds also like even if she had 24/7 protection he would have somehow got to her, it was like a real life horror story.

    I suppose it could play out like this - you get worried that your buddy is seeing a psycho, you check them out and find that they have a dodgy past, you tell your bud in confidence that they are some scary Jekyll and Hyde. Then, either your buddy bails and then you still have a problem with the loon stalking them, or your bud gets annoyed with you for snooping, and you then lose some leverage with them later because they don't trust you any more.

    I've got no problem with the sentiment, but it seems that this is another one of these vague 'knee jerk' laws that are drafted up for PR purposes.
     

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