Frances Gibb, Legal Editor
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Ministers will outline plans this week to boost the rate of convictions in rape cases by countering myths that may sway juries in cases of sexual assault.
Vera Baird, QC, the Solicitor-General, wants juries in rape trials to be issued with “myth-busting” packs that would demolish notions such as that women who drink or dress provocatively are “asking for it”.
Details of the proposal have not been finalised because there is some concern that pretrial information given by the prosecution could be regarded as prejudicial.
An alternative to giving the information in a booklet or pack to all juries in rape cases might be to have the trial judge give the information in a direction to the jury.
A legal source said: “People think that rape is a man in a mask waylaying a woman on a towpath, when it could be in a domestic context or a date rape. There are also all kinds of myths about the way a woman dresses or that she was drinking, and about men’s sexual drive being unstoppable.”
The idea of the “myth-busting” packs comes as ministers have decided to abandon a controversial idea to use expert witnesses to brief juries on the myths that surround rape, after concern by judges that this could lead to miscarriages of justice.
The idea, based on what happens in some US courts, could be costly and also create problems. If complainants failed to fit the profile of a “true” rape victim as devised by experts then they may be deterred from lodging a complaint.
Ministers are also to change the way that the Crown approaches complaints months after the alleged attack. At present, delayed complaints are often ruled inadmissible. The Court of Appeal has already ruled that early accounts given to people other than police may now be admissible.
The response by ministers, to be given by the Attorney-General in the Lords and the Solicitor-General in the Commons, comes after a consultation on rape prosecutions issued last year.
Ministers pledged to reform the law after the conviction rate dropped from 33 per cent of reported rapes in 1977 to 5.4 per cent in 2005, although this rose slightly to 5.7 per cent last year.
But the proposals have run into opposition from judges and lawyers who said that they would make little difference to the conviction rate.
Ministers have already dropped plans to clarify the law on drunkenness and consent after guidelines to judges were issued by the Court of Appeal in March when it quashed the conviction of Benjamin Bree, a software engineer found guilty of raping a 19-year-old woman after a night of binge drinking.
The proposals for the use of expert witnesses have also run into opposition from circuit judges, who cautioned that this could be a “mine-field”.
A joint report by the Inspectorate of Constabulary and the Crown Prosecution Service concluded this year that many police officers and prosecutors were only paying lip-service to new policies aimed at boosting the number of rape complaints that reach court.
Nearly one third of allegations to police were wrongly categorised as “no crime”, and between half and two thirds of victims find that their case does not progress beyond the investigation stage.
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- Television advertisements warning teenagers that a drunken encounter in a
nightclub can end in rape have been produced by Greater Manchester Police
(Russell Jenkins writes). It is the first time that a police force has
commissioned a television campaign about rape. It cost £30,000 to shoot.
Scant justice
14,449 rape offences recorded in 2005-06
728 rape convictions in the same year
6% conviction rate in the UK is less than 6 per cent
40% of adults who are raped tell no one
Sources: Home Office, Fawcett Society
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Rufus from Pittsburgh, you are disgusting. Allow 100 men go free? i agree that sending an innocent man to prison is totally wrong but 100 guilty men committing rape ruins 100 or more lives. Rape is a dispicable crime that damages the victim for the rest of their life - they were innocent of any crime before a pervert attacked them and it's the views of creeps like you that are responsible for letting them get away with it by discouraging women to come forward and report the crime. Very few women would put them through the horror of reporting a rape, the tests and then a court case (assuming it gets that far) without due cause. You should be ashamed of yourself taking that view. Imagine if your mother or wife or sister were raped. Would you rather the guilty man was released because its better that 100 guilty men are released than one innocent man be imprisoned - or would you disbelieve your loved one's story?
Elizabeth, London,
I see you have completely failed to appreciate my point, Star. Homosexual rape is in a different category, with additional heinous implications.
Joe, Manchester,
I believe you have completely misread kelly's message, Joe.
Star, Lancaster,
Nice try, Kelly of the UK. In the highly touted U.S. book about the Duke Lacrosse non-rape "Until Proven Innocent" (a book praised even by the New York Times, which the book skewers), the authors flatly state at page 374: ""The standard assertion by feminists that only 2 percent of rape claims are false, which traces to Susan Brownmiller's 1975 book 'Against Our Will,' is without empirical foundation and belied by a wealth of empirical data." The authors proceed to chronicle the evidence that false rape accusations occur "with scary frequency."
We need to get beyond the bow wow of the radical gender feminists, with their rote indoctrination, and get at the truth. Your laws are putting innocent men behind bars, and it is better to allow 100 guilty go free than convict one innocent man. Even if the crime is rape.
Rufus, Pittsburgh , USA/Pennsyvlania
kelly uk, you shouldn't make that comparison with homosexual rape. If a man sleeps on a bed wearing only his underpants with someone he thinks is a buddy but turns out to be a homosexual rapist, that is not the same thing as a woman doing that in her underwear. Homosexual rape crosses another boundary which has additional trauma, shame and -
frankly - great disgust. If a woman gets drunk and sleeps with a man half naked, the implications of doing that are very different.
If a man falls onto a bed in his underpants with a buddy, he does not expect him to be homosexual. Whereas sexual dynamics between men and women are constant.
I find it disturbing and offensive that you suggest homosexuality has no deeply offensive ramifications for a normal heterosexual man. This is political correctness gone mad, why you ever made that comparison.
Joe, Manchester,
Mark,
What is the problem here. It is illegal to have sex with someone without consent, plain and simple. All that is happening here is that juries are told this fact before they decide whether or not a criminal act has occurred. This law is to protect men and women. The increase in men making rape allegations has increased dramtically in the last few years, because of the attitude that anyone who drinks is consenting to sex. There have been plenty of men who have got drunk and then been alone with another man (and in cases more than one man), often while wearing little clothing (men often end up hald naked on nights out drÃnking) and have then claimed to be raped.At the moment juries are saying that these men consented to sex simply by being drunk, scantily clad, and being unchaperones. Yet this is illegal . Laws are not being changed to convict more rapists, but people are being taught what the law is. I am sure if your son was raped you would agree
kelly, uk,
Mark, Only 2% of rape claims are false, this is the same for other crime claims. But the media are only interested in false rape claims, and extremely violent rapes which involve not just rape but other crimes. The over 70% of normal rapes are ignored by most people. And if I robbed you I would be punished regardless of whether I had beaten you up or kidnapped you, so why should a man who rapes someone be let off because he did not commit other crimes.
kelly, uk,
The possibility of false rape accusations is the elephant in the room here. Until a jury can be sure that it is not being manipulated into sending an innocent man down by a malicious woman it will not convict.
Tina, London,
Why don't we just lock all young men up until they pass their reproductive best. On second thoughts that may prove to be tricky as we might need a few of them to fight some war. Or we may need some of them to deliver new technology or create a business that has the ability to compete internationally. Infact we might also need a few of them to speak up about the way that this social engineering project has become a joke. Rape is the most despicable of crimes and something that should not tolerated by any community, however what is even worse is the unfounded and somtimes criminal false accusations of rape which are repeatedly documented. I wonder if the large criminal injuries package may have something to do with this? How many of us are guilty of creating a romantic setting so that we can participate in the sex act. Will this be seen as fraud. The odd glass of wine helps, will this be classed as drugging the victim. This once great country is being led by a load of freeloading fools.
Mark, Gateshead,
The figures from the Home Office are the true 'myth'.
Reporting an alleged offence is just that, 'alleged'.
It does not mean that a offence took place, as most of the time after serious investtgation by the Police and CPS there is no evidence that an offence did actually take place.
To make policy based on 'myth' figures is a nonsense and an insult to us and the general population at large.
Jeff, Surrey,
I was raped at the age of 15 by a 15 year old boy who was supposed to be my 'boyfriend'. Unfortunately for me, it turned out that he had a different opinion as to what this entailed. Afterwards I was too scared and ashamed to tell anyone. In fact it took ten years before I was able to talk about it. I remember thinking that I had no proof and it would be embarrassing if my parents, the police, friends etc. thought that I wanted to have sex. So it felt better just to try to suppress it. A few months later I developed anorexia and depression. It was many years before I felt able to have normal relationships with men.
withheld, London,
A learned judge once said that rape was an easy crime to allege, a difficult crime to prove and an almost impossible crime to disprove. How right he was! The government have contributed to the low conviction rate by continually tinkering with a law which, while far from perfect, at least worked. Yet again, they are wanting to move the goalposts and their focus is on increasing conviction rates, not improving justice. Consequently, the victims of rape is going to shift in future from wome to men, who are going to be falsely or malicioulsy accused and then convicted of this heinous crime and with little chance of proving their innocence.
S Foster, Doncaster, UK
It is a great pity that the Government has taken the easy route and avoided evidence of "rape trauma",; whilst it would indeed have lead to protracted arguments, the results would have been positive as far as justice is concerned. We have the benefit of an evidential tool that has been robustly tested in the parts of the US that allow its admissibility. The Government should think again. http://www.wikicrimeline.co.uk/index.php?title=Rape_trauma_syndrome#Introduction
Andrew Keogh, Manchester,