Plan to increase rape convictions

Wednesday 28th November 2007 at 00:00
Plan to increase rape convictions

The government has unveiled new measures to boost the number of rape convictions and improve victims' experiences of the legal system.

Announcing the results of a consultation on Wednesday, solicitor general Vera Baird said juries would be given expert evidence on the psychological impact of rape to dispel the common "myths" about victims.

Currently only 5.7 per cent of reported rapes end in a conviction, with many cases dropped before they reach court.

The move is intended to help jurors - who sometimes question why people take some time to report an attack - understand the behaviour of victims.

Baird said a panel of academics, doctors and judges will be set up to decide on what jurors should be told and how the information should be delivered.

She also raised concerns over consent laws, particularly where a victim had been under the influence of drugs or alcohol.

Under the plan, legislation would be introduced to allow video statements made soon after an attack to become admissible in court.

However the victim would still have to appear in person to answer questions.

Consensus

Baird said she hoped the panel could create "consensus about what it is practical and fair and even-handed".

Proposals to have experts providing evidence on the psychological impact of rape in court could detract from the case itself, she said.

And she stressed the need to present material "in a controlled and consistent way with a view to dispelling the myths as to how victims behave after incidents of rape".

"For example, juries sometimes find it difficult to understand why a rape has not been reported to police immediately when, in fact, it can take victims some time to decide to make a complaint," said Baird.

"Juries can think that she will be upset and very emotionally raw when she relives the episode for the court when, in fact, post-traumatic stress makes people seem unemotional and almost matter-of-fact.

"Someone who doesn't know about this thinks the person hasn't been moved and it was not the traumatic experience that it was."

Sentences

David Cameron recently said a Conservative government would increase prison sentences for rapists, warning that offenders increasingly think they can "get away with it".

The Liberal Democrats called on ministers to address the low conviction rate and ensure that prosecutors and the police do more to prevent cases being dropped.

Lib Dem legal affairs spokesman David Howarth said: "The problem of rape myths in trials is a very serious one, which affects not only cases in court but the decision whether to drop cases before they even reach trial.

"The government must ensure that all options remain open, including allowing expert evidence to be heard in court about some of the preconceptions that surround rape victims."

Katherine Rake, director of the Fawcett Society, said there "needs to be a greater understanding in the courtroom of the realities of rape" to increase convictions.

"However, these changes will not by themselves lead to a significant improvement in the conviction rate as most cases fail long before they get to court," she said.

Named

Meanwhile, the chairman of the Equality and Human Rights Commission said councils ignoring violence against women could face legal action if they failed to improve services.

Trevor Phillips said local authorities would have a year to "raise their game" before being named, shamed and handed compliance notices.

He said he was working with the End Violence Against Women umbrella group, whose members include Rape Crisis, Women's Aid, the Women's National Commission and Amnesty International UK.

"The problem is, as a country, we need to appreciate the scale of violence against women," the watchdog chief told the BBC.

He pointed out that three million women face violence every year, with half of these experiencing serious violence such as sexual assault or rape.

"Many local authorities seem to regard it as someone else's problem," Phillips said. "Most women don't have the option of a rape crisis centre.

"The main point is that we have got into a state that, although it's a very, very big issue, most local authorities seem to think it's someone else's business to help. We are saying to the authorities: 'We are putting you on notice'."

Wed 28th Nov 2007

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