New Guidance For Rules On Rape Accusations

Written By Unknown on Kamis, 29 Januari 2015 | 22.11

People accused of rape will increasingly be expected to prove they obtained consent for sex under new guidelines issued to police and prosecutors.

The move comes as a police chiefs warn there is too much variation in how forces deal with rape allegations, after figures revealed a 22% increase in the reporting of sexual offences.

But the Crown Prosecution Service (CPS) said that even if suspects can prove consent was obtained, it should be questioned if they held a position of power over the potential victim.

Consent should also be examined if rape allegations follow situations where the claimant was under the influence of alcohol or drugs or financially or otherwise dependent upon their alleged rapist.

Speaking at the first national CPS-Police rape conference on Wednesday, Director of Public Prosecutions Alison Saunders said societal thinking on rape was confused and needed to be challenged.

"For too long society has blamed rape victims for confusing the issue of consent - by drinking or dressing provocatively for example," she said.

"But it is not they who are confused, it is society itself and we must challenge that. Consent to sexual activity is not a grey area - in law it is clearly defined and must be given fully and freely.

"It is not a crime to drink, but it is a crime for a rapist to target someone who is no longer capable of consenting to sex though drink.

"These tools take us well beyond the old saying 'no means no' - it is now well established that many rape victims freeze rather than fight as a protective and coping mechanism.

"We want police and prosecutors to make sure they ask in every case where consent is the issue - how did the suspect know the complainant was saying yes and doing so freely and knowingly?"

Metropolitan Police Assistant Commissioner Martin Hewitt, the Association of Chief Police Officers lead on adult sex offences, said victims needed reassurance they would be treated fairly.

"As report after report has shown, there is still far too much variation in the way that forces move a complaint of rape through the system," he said.

"Reporting of sexual offences is up 22% in the latest statistics because of increased confidence in our service and recording but we have further to go.

"We need to tackle the iconic issues of 'no further action' and, particularly, 'no crimes' head on and reduce inconsistencies in our processes so that we can send a clear and unequivocal message to victims about how they will be treated."


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