Rape laws in need of reform?

[Gromit]

Only 5% of reported rapes leads to a successful prosecution. And only a quarter of rapes are reported. The UK has the lowest conviction rate of any other european country. Some countries convict 12 times as many as we do.

The low conviction rate is blamed on:

- Scale of false allegations over-estimated
- Subjective judgements made about victims' credibility
- CPS has no criteria for specialist rape prosecutors
- Detection rates vary between 22% and 93% for different police forces
- Inconsistency over the way forensic doctors examine victims
- Lack of training for frontline officers
- Authorities must challenge claims of consent "more vigorously"
- Police and prosecutors should make better use of evidence showing defendant's "bad character"

http://news.bbc.co.uk/1/hi/uk_politics/7090065 .stm

Can this terrible situation be improved? Can our society be made to change?

[Bewlay Bros]

Indeed Ethel.

But consent is still a "defence". as in boxing, medical procedures etc. Not a bone fide get out clause, but still a defence nonetheless.

Is R v Brown the S&M case???, I forget.

[ruby27]

I think Goodsoulette answers the issues pretty defintively.

Can the situation change. Under Labour, the number of rape crisis centres in England and Wales has fallen from 68 in 1984 to 45 in 2007, and those that remain face severe funding problems.

Attempts are being made to improve it
This year's women-only Reclaim the Night march is rapidly approaching. It's on Saturday 24 November 2007. Assemble in Trafalgar Square at 6pm.

[jno]

sp1814, I suspect men are even more unwilling than women to report being raped, even though you'd think the chances of conviction would be higher (because a claim that a male victim consented would be less likely to be believed).

[Bewlay Bros]

Also (with the exception of prison) the vast majority of male rape victims are probably gaylords. Therefore, due to prejudice etc, the victims promescuity and his attendence at a gay bar etc, will all be used to place stereotypical behaviour in the jurors mind.

[ruby27]

BB
Can not recall where I read the research so can not post a reference. However most male rapes are not perpetrated by men who are homosexual but men who consider themselves as heterosexual.

If you understand rape as only sexual gratification it is difficult to account for why babies, the elderly and people who the rapist does not consider sexually attractive, become victims. If however, your analysis includes an angry and oppressive content, then it is possible to include rapes which are all about hate and a desire to dominate and subjugate

[Bewlay Bros]

Yes Ruby, I totally agree that rape is often about control and violence as opposed to sexual graitification.

However, there are to my knowledge no reported cases of rape where the man is not erect. Sexual assault yes, but not raape. Also a softie would actually make the offence near enough incomplete as there has to be penetration.

Well, I have been in very violent situations in my life and can firmy claim NOT to have had an erection.

Therefore, this can be discounted as there MUST be a sexual side to the act.

Sex and Violence is sadly a close knitted thing and are very close human emotions. Most sexual relations have a dominant force, be that the man or woman. S and M clubs are sprouting up everywhere and internet fetishes involving such are more popular than soft or normal porn.

[chompu]

I'm sure another contributary factor is the way in which the police now deal with alleged rape victims.
Some of you may recall the fly on the wall documentary in the 1970s which featured 2 detectives, I think from Reading, who were filmed interviewing a girl who was alleging she had been raped. The questioning was harsh and caused a public outcry.
The result was that the police had to treat all types of alleged rape the same. No more difficult questions. It would seem obvious that those making a malicious complaint now found themselves answering the difficult questioning in court instead of the police station.Probably a more traumatic experience.
There arguments for and against this I appreciate and the courts are there to find out the truth. However,a much more expensive way of doing it .

[weeal]

Rape is not a sex crime, when committed against a stranger, its about complete control and degradation and these cases MUST be reported. Its a cowards weapon against an unsuspecting victim.
I dont understand, in cases where its a street attack, how when all the evidence is presented to prove this, the defence lawyers can pull the victim to pieces on the stand, their past sexual experience, personality, lifestyle etc etc, how can they sleep at night. Whilst the rapist's life and any previous convictions is kept under wraps?
Wouldnt be that if it happened to THEIR kid!

[Bewlay Bros]

Weeal, a few points.

In the vast majority of rape cases the victim knows the rapist.

Nowadays, previous convictions can be brought up in court and similar evidence (i.e he has be in court before on a similar, yet different rape) is used.

[Oneeyedvic]

There was a TV programme a while back (called the Jury I think) which had a mock trial of a rape case (where a woman was accusing a famous footballer of rape). The jury were all celebrities and after hearing the evidence had to decide what the verdict was. They came back as Not Guilty.

After watching the program it became pretty obvious that it is almost impossible to prove beyond reasonable doubt in this type of case.

Apart from lowering the burden of proof to one of on the balance of probability - which I don't think is right, I very much doubt anything can happen with the conviction rates.

It goes back to the argument pointed out earlier - yes I did have sex but it was consensual. How (from the person being raped) point of view can you prove non consent? Unless someone hears you scream it is pretty much impossible.