GOVERNMENT TAKEN TO TASK OVER RAPE CONVICTIONS,

LEGAL OPINION: Too few allegations of rape are prosecuted in court. Even fewer end in a conviction. Robert Verkaik, Law Editor, looks at some of the possible reasons why this should be, The Independent, 18 April 2007

 

Rape victims have held meetings with government legal advisors over growing concern that sexism in the criminal justice system is stopping courts’ convicting men over allegations of serious sexual assault

           

The move follows the publication of a government report urging the police and the courts to take more notice of the use of drink and drugs in rape cases.

 

Representatives from the charity Women Against Rape told the solicitor general, Mike O’Brien, that the police, prosecutors and judges were not committed to convicting rapists:

 

Many women complain to us that witnesses are never spoken to, and key evidence is not recorded or goes missing. When will the Government finally address the sexism and implement the rape law?

 

Latest figures show more rape suspects are escaping justice each year even as record numbers of women are prepared to come forward to report a sex crime. Between 2002 and 2005, 4,000 more women have reported rape while the proportion of suspects convicted has fallen from 6.57 per cent to 5.31 per cent.

           

This month a report by the Government’s drug advisers said that drink and substance use in rapes and sexual assaults was now a significant problem. They advised women to avoid going along to clubs, pubs or parties and not to leave drinks unattended. But Lisa Longstaff of Women Against Rape, says:

 

Rape will not go away merely by curbing women’s recreational behaviour – women have the right to drink and expect to get home without being attacked.

 

Last month the Deputy Lord Chief Justice, Sir Igor Judge, rejected pressure to introduce rigid rules for when a woman had drunk too much to be capable of giving her consent to sex. Women Against Rape said while they agreed with Sir Igor’s ruling they accused judges of finding a reason to believe the accused rapist rather than this alleged victim:

 

Why is it that a woman who is drunk and asleep is deemed to have consented? Too many cases are being stopped by sexist judges when they assume that the woman must have consented because she was drunk.

 

A joint report of Her Majesty’s Inspectorate of Constabulary and Her Majesty’s Crown Prosecution Service Inspectorate concluded this year that many police officers and prosecutors were only paying lip-service to new policies aimed at increasing the very small proportion of cases that get to court. Of particular concern is the high number (nearly a third) of allegations reported to the police which are then wrongly categorized as ‘no crime’.

 

Between half and two-thirds of victims find that their case does not progress beyond the investigation stage. A further unspecified proportion of cases is dropped by the Crown Prosecution Service, mostly on the grounds of lack of evidence. And of the final number that do reach court half end in the acquittal of the defendant.

 

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