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why are conviction rates so low?
There appears to be an assumption that low rape conviction rates are because somehow "victims" are attacked in the criminal justice system. The simple fact remains that it is a JURY that decides that an accused is guilty or not guilty. Juries are made up of women and men, and they use their own experience to make decisions. The reason why there are so few convictions is that there are so many cases prosecuted. The Crown, in other non rape cases, will not go ahead because of lack of evidence. But in rape cases, the crown are running scared of the media backlash from organisations such as "notever", and "women" against rape [why is it just women who are against rape? All right thinking men are too]. Rape is a serious crime, whether the victim is a man or a woman. False accusation of rape should be dealt with in as serious a way. And it happens. There are documented cases, and not particularly rare, where women have falsely accused men of rape when they in fact fully consented.
A man convicted of rape is placed on the sex offenders register. His life will be ruined. His time in jail will be difficult and often he will be segregated. And a jury will know that they have to be extremely careful.
Violent stranger rape is rare. Most alleged rapes are the result of individuals who know each other ending up in an intimate situation with one another. The current definition of rape can result in a man firmly believing that consent was provided, but being wrong. That is therefore rape. So, if both parties go back to a hotel room, consensually. The woman gets in to bed naked, consensually. She touches him intimately etc etc. She does not tell him to stop, and does nothing to suggest that she does not consent to sex. He has then "raped" her. Is all of this narrative, including her wearing revealing clothing, and objectively giving him the "come on" irrelevant? I agree that it is not an invitation to be "raped", but it may confirm that she was inviting him to have sex - and perhaps confirms his version of events that she led him to believe that consent was being given.
Rape is an almost unique crime. It punishes conduct (i.e. sexual intercourse) which would otherwise be non criminal on account of the victim's agreement or lack of it. If a boxer was to allege that he did not agree to being in a fight, would it not be relevant to point out that he got in to a boxing ring wearing boxing gloves and engaged in sparring? Of course it would. No one suggests that wearing a skimpy dress is an invitation to "rape" any more than wearing an expensive watch is an invitation to be "mugged". That type of emotive language is unhelpful, and wholly inappropriate to a serious debate about the problems facing those who are subjected to assault.
Author: blackaffronted, Male, Edinburgh
Date: 29/06/2010
Replies to this post
Answers on a postcard if anyone knows the relevance of the offensively titled author above's boxing analogy.
The only accurate point i could make out of his lengthy ramble is that men and women make up the members of a jury. Unfortunately the author failed to make the most important point about those members: the fact that their attitudes to rape will be key in whatever decisions they make. If they are prone to women blaming, as the studies on this site indicate many people are, then they will be thinking about what women wear, if they've been drinking etc.. and that will be reflected in their discussions, decisions and the outcome of the trial.
Author: you should be affronted, Female, glasgow
Date: 03/07/2010
I must say that I find your comments offensive and cannot help but think that you simply cannot accept any comment against what you believe. If you want me to make it simple: how a woman dresses MAY be part of the over all picture. It does not show consent or indeed lack of it. But it cannot be said to be irrelevant. It would help if you responded to the point that there are cases of women who falsely accuse of rape. Or did you miss that in the "ramble"?
Yes, juries are instructed by what they believe. It just happens that a lot of women dont believe the same as you - and dont convict of rape. Or are they lacking in intelligence or social insight? Are you going to insult that attitude as well?
Author: blackaffronted, Male, Edinburgh
Date: 06/07/2010
Can you explain how the way a woman dresses may be part of the picture?
That, I have to say, is an attitude that I find really offensive.
And, yes, female jurors often believe rape myths too. Hence the campaign.
It's not a matter of saying that people lack intelligence or insight, we're all susceptible to absorbing these myths and beliefs and it's wonderful to have a campaign like this to challenge people to think again.
Author: i agree you should be affronted, Female, scotland
Date: 06/07/2010
I must say that I find your comments offensive and cannot help but think that you simply cannot accept any comment against what you believe. If you want me to make it simple: how a woman dresses MAY be part of the over all picture. It does not show consent or indeed lack of it. But it cannot be said to be irrelevant. It would help if you responded to the point that there are cases of women who falsely accuse of rape. Or did you miss that in the "ramble"?
Yes, juries are instructed by what they believe. It just happens that a lot of women dont believe the same as you - and dont convict of rape. Or are they lacking in intelligence or social insight? Are you going to insult that attitude as well?
Author: affronted, Male, Edinburgh
Date: 06/07/2010
Blackaffronted - If you are as against rape as you proclaim yourself to be then perhaps your energy and focus should be on decrying the men whose raping behaviour is not reported by women who know it won't even result in a charge never mind end up in court. Perhaps your not inconsiderable energy could be focused on distancing yourself from male abusive behaviour rather than focusing on the behaviour of the tiny minority of women who falsely accuse. The insult to men doesn't come from women, it comes from abusive men who rely on your collusion with women-blaming myths. Be a man and target the real perpetrators instead of providing them with a hiding place.
Author: Caz, Female, Scotland
Date: 06/07/2010
Have your say
Natasha, Female from Glasgow“Rape seems to be the only crime where it's seen as ok to put the victim on trial.”
Joss, Female from Connecticut“Short skirts don't cause rape. Rapists cause rape”
Helzo, Female from Renfrewshire“About time something like this was shown on TV. Hopefully it will make everyone realise there cannot be any excuse for rape - EVER.”