Wednesday 24 January 2007

Rape

Yet more bother over the rape laws, and specifically over the "low conviction rate", usually linked to a "low report rate", which might or might not be true, but which is impossible to know either way. Since the whole of this area of policy has been handed over thoughout the last 30 years, by Tory and Labour Governments alike, to people who regard all heterosexual activity as rape, then the wonder is that these figures are not very considerably higher than they are.

The specific offences of rape, serious sexual assulat and indecent assault should be abolished, since they serves only to keep on the streets people who ought to be behind bars. Instead, the sexual element should be made an aggravating factor in offences against the person generally, enabling the maximum sentence to be doubled.

That way, a few silly cases that currently come to court would not do so, while many serious cases that currently either never make it to court or end in an acquittal would at least end in a conviction for something. My jaw drops when I hear or read reports (no doubt truthful) of women with serious injuries whose assailants were never charged with anything because there was considered little or no chance of a conviction for rape. Why were they not charged with, say, grievous bodily harm? This way, they would be.

Furthermore, this would be achieved without compromising fundamental principles such as trial by jury and the burden of proof on the part of the prosecution, both of which have already been eroded far too much (i.e., particularly in the latter case, at all).

At the same time, why is no one asking why, if there are so few convictions for rape, almost nobody who makes a false allegation of rape is ever even charged with perjury (with which, given its prevalence, next to nobody is ever charged in general), or with perverting the course of justice, or with making false statements to the Police?

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