Win VIP tickets
In the wake of the furore over Ulrika Jonsson’s alleged date rape, the Home Office is to announce long-awaited rape law reforms in next month’s Queen’s Speech. It is reported that the new law will severely restrict a man’s ability to claim that he “honestly believed” the woman consented to sex, unless he can satisfy the court that he made efforts to ensure that her agreement was “genuine and voluntary”. One report says that women who are under the influence of drink or drugs will “automatically be regarded as unable to give consent to sex”.
The Home Secretary, David Blunkett, has made it clear that the current rate of convictions for rape is “unacceptable”, and the explicit aim of these reforms is to find more men guilty. Justice in rape cases is thus to be made subject to external, political measurements. As if the Government’s obsession with setting targets has not done enough damage to the health and education systems, it is now to be forced upon sexual offences law.
These reforms will shift the burden of proof on to the defendant, undermining the presumption of innocence. It will be possible to convict a man of “accidentally” raping somebody who he genuinely believed consented to sex. That is as absurd as it is unjust. Yet it will be widely accepted because sexual offences are such an emotive issue, and none of us wants to be seen as championing some kind of “rights for rapists”.
But we should be more, not less, wary of the extension of legal power when it encroaches on sexual relations between partners and acquaintances (now blamed for most rapes). These proposed reforms raise authoritarian notions of policing relationships, in the user-friendly language of feminism. They risk taking sex further down the road from a private to a public affair, which has to be negotiated under the voyeuristic eye of the courts.
Despite the ostensible aim of protecting women it will, as usual, be the authorities who are “empowered”. Prosecutors and judges will be left to redefine what it means for individuals to give consent — ticking boxes to decide whether the man was sufficiently diligent in obtaining “voluntary and genuine agreement”, or whether the woman said “no” loudly enough.
Presumably the courts will have to define exactly what it means for a woman to be “drunk”. Bring on the bedside Breathalyser tests. Indeed these proposals will mean no woman who has had a drink can ever be considered truly capable of giving consent. Are lawmakers so unworldly that they cannot tell the difference between a woman who is drugged and raped, and one who has a few drinks and ends up in a bed she regrets the morning after? New Labour is in danger of making enthusiastic seduction a crime.
The Home Office has dismissed as “complete nonsense” any notion of people having to sign a contract before getting into bed. Yet such is the logic of these reforms that we might find lawyers with an eye for a shapely fee offering to draw one up anyway. There is already a campaign, fronted by the Ealing vicarage rape victim Jill Seward, to include consent forms in packets of condoms. One entrepreneur claims to have invented the “consent condom”, printed with the statement “Yes, I agree to have sex with you”, complete with a space for a woman’s thumb print. He admits that they might prove a passion killer.
Of course the messy business of sexual affairs is not really susceptible to strict codes and legal surveillance. Yet these reforms will demean both sexes in the eyes of the law. Rape law increasingly treats women like the child victims of abuse, considered incapable of giving consent and in need of special protective measures. For their part, men are now to be treated more like unconscious animals, who can be punished even though they were unaware that they were doing anything wrong.
Whatever happened to the idea of consenting adults?
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.