Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
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Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Rapists who try to blur the lines of consent by attacking victims when they are drunk, incapacitated or under their attacker's power are the target of new guidance for police and prosecutors, which "moves beyond" the notion of "no means no".
The guidance will spell out situations where someone is incapacitated through drink or drugs or where "a suspect held a position of power over the potential victim - as a teacher, an employer, a doctor or a fellow gang member", the Crown Prosecution Service has announced.
It is intended to spell out situations where possible victims may have been unable to give consent to sex, Director of Public Prosecutions Alison Saunders said, which campaigners hailed as "a huge step forward".
The ability to consent to sex should also be questioned where the complainant has mental health problems, learning difficulties or was asleep or unconscious at the time of the alleged attack, the guidelines said.
They also cover domestic violence situations and those where "the complainant may be financially or otherwise dependent on their alleged rapist".
They also advise officers and lawyers to ask how the suspect knew that the complainant had consented "with full capacity and freedom to do so".
Mrs Saunders said: "For too long society has blamed rape victims for confusing the issue of consent - by drinking or dressing provocatively for example - but it is not they who are confused, it is society itself and we must challenge that.
http://www.huffingtonpost.co.uk/2015/01/29/rape-consent-guidelines_n_6568714.html?utm_hp_ref=uk
The guidance will spell out situations where someone is incapacitated through drink or drugs or where "a suspect held a position of power over the potential victim - as a teacher, an employer, a doctor or a fellow gang member", the Crown Prosecution Service has announced.
It is intended to spell out situations where possible victims may have been unable to give consent to sex, Director of Public Prosecutions Alison Saunders said, which campaigners hailed as "a huge step forward".
The ability to consent to sex should also be questioned where the complainant has mental health problems, learning difficulties or was asleep or unconscious at the time of the alleged attack, the guidelines said.
They also cover domestic violence situations and those where "the complainant may be financially or otherwise dependent on their alleged rapist".
They also advise officers and lawyers to ask how the suspect knew that the complainant had consented "with full capacity and freedom to do so".
Mrs Saunders said: "For too long society has blamed rape victims for confusing the issue of consent - by drinking or dressing provocatively for example - but it is not they who are confused, it is society itself and we must challenge that.
http://www.huffingtonpost.co.uk/2015/01/29/rape-consent-guidelines_n_6568714.html?utm_hp_ref=uk
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
I think it is becomming time that us men will have to ask for a signed copy of consent (with suitable witnesses...the vicar perhaps), each and every time, and keep them in a lifetime file. EVEN those who are married...just in case the missus 10 years later turns nasty and makes an accusation that "10 years ago he screwed me on our wedding night and I'd had a bit to drink"
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
darknessss wrote:I think it is becomming time that us men will have to ask for a signed copy of consent (with suitable witnesses...the vicar perhaps), each and every time, and keep them in a lifetime file. EVEN those who are married...just in case the missus 10 years later turns nasty and makes an accusation that "10 years ago he screwed me on our wedding night and I'd had a bit to drink"
I think you are looking at this all wrong, where for years men have gotten away with raping women whilst they are drunk. Simple fact, do not get into bed with someone drunk you have just met.
The simple fact is many women have have raped and have had no justice, maybe now men will think twice as they should do. Being drunk is not consent and never should be.
The fact is a wife can already accuse you ten years after being married.
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
I agree with Vic, Didge. It goes both ways. If a woman is drunk, so too usually is the man. Two sloppy drunks get into bed and...what, they raped each other? No...the male is always going to get blamed.
As a practical matter, when it comes to the eyes of a jury women are default victims. Same way as blacks are default guilty in any criminal matter. The anomaly is in the way society views male/female, black/white, Hispanics and so forth.
You can't cherry pick your bigotry. It won't get better until you confront it head on.
As a practical matter, when it comes to the eyes of a jury women are default victims. Same way as blacks are default guilty in any criminal matter. The anomaly is in the way society views male/female, black/white, Hispanics and so forth.
You can't cherry pick your bigotry. It won't get better until you confront it head on.
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Original Quill wrote:I agree with Vic, Didge. It goes both ways. If a woman is drunk, so too usually is the man. Two sloppy drunks get into bed and...what, they raped each other? No...the male is always going to get blamed.
As a practical matter, when it comes to the eyes of a jury women are default victims. Same way as blacks are default guilty in any criminal matter. The anomaly is in the way society views male/female, black/white, Hispanics and so forth.
You can't cherry pick your bigotry. It won't get better until you confront it head on.
So now you are excusing the man if drunk also, when again you are in control of how much you drink, so that is no excuse. What you are saying is people should be irresponsibly drunk, which has no ethical ground.
The fact is many women who have been drunk have not seen justice, its very simple, don't get fucked out of your skull and go off with a woman you have just met. Arrange to date her like most normal people do.
There are websites out there where you can meet women who just want to fuck.
So your view as per usual had no validity and was complete babble, as considering women are seen to be at fault most of the time because of a poor misogynistic culture we live in.
Drunk is not consent and if you place yourself in that situation, knowing the law now rightly protects women, then you are an idiot if you do so.
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Brasidas wrote:Original Quill wrote:I agree with Vic, Didge. It goes both ways. If a woman is drunk, so too usually is the man. Two sloppy drunks get into bed and...what, they raped each other? No...the male is always going to get blamed.
As a practical matter, when it comes to the eyes of a jury women are default victims. Same way as blacks are default guilty in any criminal matter. The anomaly is in the way society views male/female, black/white, Hispanics and so forth.
You can't cherry pick your bigotry. It won't get better until you confront it head on.
So now you are excusing the man if drunk also, when again you are in control of how much you drink, so that is no excuse. What you are saying is people should be irresponsibly drunk, which has no ethical ground.
I am anticipating what occurs in about 99% of the cases: both the man and the women go out, get equally intoxicated, and end up in bed. How can you argue that it is consent for one partner, but not for the other? Or, from the other side of the equation, how is it one is the victim, and not the other? I don’t date around—I have Becky—so it’s all alien to me. But I am a real enthusiast for equal justice under the law, and I have a problem reconciling this one.
Brasidas wrote:The fact is many women who have been drunk have not seen justice, its very simple, don't get fucked out of your skull and go off with a woman you have just met. Arrange to date her like most normal people do.
There are websites out there where you can meet women who just want to fuck.
You are part right…don’t get so fucked up drunk that you don’t know what you are doing. But that just sidesteps the problem…why the double standard, Didge?
Brasidas wrote:So your view as per usual had no validity and was complete babble, as considering women are seen to be at fault most of the time because of a poor misogynistic culture we live in.
Drunk is not consent and if you place yourself in that situation, knowing the law now rightly protects women, then you are an idiot if you do so.
Didge, stop it. That’s not an acceptable answer...just insane babble. You are brighter than that. Address the question: why the double standard?
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Brasidas wrote:Original Quill wrote:I agree with Vic, Didge. It goes both ways. If a woman is drunk, so too usually is the man. Two sloppy drunks get into bed and...what, they raped each other? No...the male is always going to get blamed.
As a practical matter, when it comes to the eyes of a jury women are default victims. Same way as blacks are default guilty in any criminal matter. The anomaly is in the way society views male/female, black/white, Hispanics and so forth.
You can't cherry pick your bigotry. It won't get better until you confront it head on.
So now you are excusing the man if drunk also, when again you are in control of how much you drink, so that is no excuse. What you are saying is people should be irresponsibly drunk, which has no ethical ground. Irony at it's finest Just proved Quills point 100%. BOTH were drunk and unable to give consent yet straight away you said It's the man's fault. That is not always the case there are Plenty of men that have woken up next to girl they wouldn't have gone home with if they were not blind drunk.
The fact is many women who have been drunk have not seen justice, its very simple, don't get fucked out of your skull and go off with a woman you have just met. Arrange to date her like most normal people do. Did you date in the 1950's or some shit? do you think women do not have a sexual appetite too? women can also be going our for a good time and are not necessarily looking for a husband.
There are websites out there where you can meet women who just want to fuck. and there are night clubs like that too
So your view as per usual had no validity and was complete babble, as considering women are seen to be at fault most of the time because of a poor misogynistic culture we live in. Not in rape or divorce in both cases that same misogyny means that women are viewed as Victims by default.
Drunk is not consent and if you place yourself in that situation, knowing the law now rightly protects women (so you admit it is sexist?), then you are an idiot if you do so.
To be fair if a women can say I was drunk an I regret having sex with that man therefore it was rape then any man that has woken up next to girl that doesn't seem as attractive in the morning can also claim rape. Obviously if force is involved or she is actually unconscious it is rape but when you just say "drunk equals no consent can be given" (because even if verbally given it can be undone when sober) it sets a dangerous precedent and is sexist. because it is saying If a man drinks until intoxicated he is still in control of his actions enough to give legal consent If a woman has had a few drinks however she is Not capable of giving consent at all. So how much else do you think we should legislate men being capable of and women not being capable of?
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Original Quill wrote:
I am anticipating what occurs in about 99% of the cases: both the man and the women go out, get equally intoxicated, and end up in bed. How can you argue that it is consent for one partner, but not for the other? Or, from the other side of the equation, how is it one is the victim, and not the other? I don’t date around—I have Becky—so it’s all alien to me. But I am a real enthusiast for equal justice under the law, and I have a problem reconciling this one.Brasidas wrote:The fact is many women who have been drunk have not seen justice, its very simple, don't get fucked out of your skull and go off with a woman you have just met. Arrange to date her like most normal people do.
There are websites out there where you can meet women who just want to fuck.
You are part right…don’t get so fucked up drunk that you don’t know what you are doing. But that just sidesteps the problem…why the double standard, Didge?Brasidas wrote:So your view as per usual had no validity and was complete babble, as considering women are seen to be at fault most of the time because of a poor misogynistic culture we live in.
Drunk is not consent and if you place yourself in that situation, knowing the law now rightly protects women, then you are an idiot if you do so.
Didge, stop it. That’s not an acceptable answer...just insane babble. You are brighter than that. Address the question: why the double standard?
Because yet again as two people being intoxicated, only one of the can penetrate the other. Just because both are drunk is still two people unawares or more so the woman (they get easily more intoxicated quicker than most men) and men tend to have a problem understanding no means no when they are drunk, where some have forced themselves on women. The reality is you are missing the whole point about people being responsible when they are drinking and drunkenness leads some men doing anything to get a woman in sack. Men think because a woman has come back drunk, that means she wants to have sex. Well no it doesn't, because allot of the time the men entice them to come back with claims to being behaved etc, even if they are kissing etc.Men once they have got them back, then think well she is up for it and then when she is saying no, it makes them think they still can. It all boils down to empowerment. It does not matter if he is drunk, he is responsible as much as the girl is for getting drunk, that does not excuse him or give him the right to take advantage. No matter how drunk the intent is to sleep with a girl, as it is very difficult to maintain an erection when a guy is wasted. If that wasted he would be incapable too. There are levels of how drunk a person is Quill. So lets be honest those wanting to having sex, men wise, are not wasted. Most maybe pissed or merry, but clearly are out to get pissed and laid, a bad combination.
Anyway Read:
“For too long society has blamed rape victims for confusing the issue of consent - by drinking or dressing provocatively for example - but it is not they who are confused, it is society itself and we must challenge that,” Mrs Saunders told the the first National Crown Prosecution Service/Police Conference on Rape Investigations and Prosecutions in London.
“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 through drink,” Mrs Saunders continued.
“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?”
The ability to consent to sex should also be questioned where the complainant has mental health problems, learning difficulties or was asleep or unconscious at the time of the alleged attack, Mrs Saunders said.
The move comes after the footballer Ched Evans served two-and-a-half years of a five-year sentence for raping a teenage woman who was "too drunk to consent".
Around 85,000 women per year are victims of rape in the UK; some 90 per cent of these women know the perpetrator.
http://www.independent.co.uk/news/uk/crime/campaigners-hail-dpps-tough-new-rape-guidelines-as-huge-step-forward-10009595.htmlhttp://www.independent.co.uk/news/uk/crime/campaigners-hail-dpps-tough-new-rape-guidelines-as-huge-step-forward-10009595.html
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
All i can say is...If this is equitable then a defence should be able to be raised on the basis that any given woman in that situation is a drunken slut....
society works like this
woman goes to night club to get pissed and laid...
bloke goes to night club to get pissed and laid
thats how it works
if they are lucky it works great and they get a "partner" for a while with whom they can breed half a dozen benefit magnets and then split up to do it all again
if not SHE can scream rape and the poor bloke ends up nicked.....
hmmmmm.....
as you can tell it really concerns me since the sort that inhabit the night clubs and get "pissed and laid" are NOT the top of my pile of concerns....
society works like this
woman goes to night club to get pissed and laid...
bloke goes to night club to get pissed and laid
thats how it works
if they are lucky it works great and they get a "partner" for a while with whom they can breed half a dozen benefit magnets and then split up to do it all again
if not SHE can scream rape and the poor bloke ends up nicked.....
hmmmmm.....
as you can tell it really concerns me since the sort that inhabit the night clubs and get "pissed and laid" are NOT the top of my pile of concerns....
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
So the argument for this boils down to Men are capable of giving legal consent and are responsible for their actions even when completely inebriated however if a women has consumed alcohol she is incapable of giving legal consent and cannot therefore be held responsible for her actions.
@Dark
pretty much sums it up
Now I don't think the Slut thing is fair, she has right to (really the Misogyny is expecting Females to Not have a sex drive) and just because she decides to one weekend doesn't mean she does it often... thus not a slut.
I'm sure you are worried about this every Saturday night/Sunday morning
@Dark
pretty much sums it up
Now I don't think the Slut thing is fair, she has right to (really the Misogyny is expecting Females to Not have a sex drive) and just because she decides to one weekend doesn't mean she does it often... thus not a slut.
I'm sure you are worried about this every Saturday night/Sunday morning
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
veya_victaous wrote:So the argument for this boils down to Men are capable of giving legal consent and are responsible for their actions even when completely inebriated however if a women has consumed alcohol she is incapable of giving legal consent and cannot therefore be held responsible for her actions.
@Dark
pretty much sums it up
Now I don't think the Slut thing is fair, she has right to (really the Misogyny is expecting Females to Not have a sex drive) and just because she decides to one weekend doesn't mean she does it often... thus not a slut.
fair comment...but equally she hasnt the right, upon sobering up and discovering she has picked up a spotty nerd rather than the "hunk she thought she had, due to "beer glasses" to squeal "rape"
I'm sure you are worried about this every Saturday night/Sunday morning
I wish ..........
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
darknessss wrote:All i can say is...If this is equitable then a defence should be able to be raised on the basis that any given woman in that situation is a drunken slut....
society works like this
woman goes to night club to get pissed and laid...
bloke goes to night club to get pissed and laid
thats how it works
if they are lucky it works great and they get a "partner" for a while with whom they can breed half a dozen benefit magnets and then split up to do it all again
if not SHE can scream rape and the poor bloke ends up nicked.....
hmmmmm.....
as you can tell it really concerns me since the sort that inhabit the night clubs and get "pissed and laid" are NOT the top of my pile of concerns....
This is why you are missing the whole point, not every woman goes out clubbing to get laid.
The point you miss is for decades now the view has been in many cases of rape the woman is seen to be blamed and seen as a drunken slut, based off poor reasoning above.
Try reading the reasons why this has been done, and why the ethos needs to change also on how women are poorly portrayed when out drinking. Granted some women go out for this, but many men wrongly perceive all women out clubbing want this. They don't.
Anyway catch up tomorrow.
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
yes didge...very nice and all that ...BUT in THAT case.... it should be compulsarary for women to wear appropriate coloured clothes....like perhaps red.= I'm a slut wanting to get laid and I'm game for any one
etc....
hell you could invent an entire rainbow of degrees of consent....
because for fucks sake...like give us a clue.......
even sober blokes are NOT mind readers and after a few beers...well.....most are no longer sure what a mind IS....
etc....
hell you could invent an entire rainbow of degrees of consent....
because for fucks sake...like give us a clue.......
even sober blokes are NOT mind readers and after a few beers...well.....most are no longer sure what a mind IS....
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Brasidas wrote:Because yet again as two people being intoxicated, only one of the can penetrate the other. Just because both are drunk is still two people unawares or more so the woman (they get easily more intoxicated quicker than most men) and men tend to have a problem understanding no means no when they are drunk, where some have forced themselves on women. The reality is you are missing the whole point about people being responsible when they are drinking and drunkenness leads some men doing anything to get a woman in sack. Men think because a woman has come back drunk, that means she wants to have sex. Well no it doesn't, because allot of the time the men entice them to come back with claims to being behaved etc, even if they are kissing etc.Men once they have got them back, then think well she is up for it and then when she is saying no, it makes them think they still can. It all boils down to empowerment. It does not matter if he is drunk, he is responsible as much as the girl is for getting drunk, that does not excuse him or give him the right to take advantage. No matter how drunk the intent is to sleep with a girl, as it is very difficult to maintain an erection when a guy is wasted. If that wasted he would be incapable too. There are levels of how drunk a person is Quill. So lets be honest those wanting to having sex, men wise, are not wasted. Most maybe pissed or merry, but clearly are out to get pissed and laid, a bad combination.
Because of penetration? You mean that because a male has a penis, he is inevitably guilty? That gives new meaning to original sin!
Look at it this way: stop thinking of a penis as a stabbing weapon, and start thinking of a vagina as a box trap (honestly, no pun intended). If the male organ is not stabbing, but is entrapped, doesn't that change your personification of the matter?
Anyway, obviously you don’t have an answer for the unequal application of the laws issue.
It sounded like you were going for a sexist explanation with the penetration argument, but you stopped and caught yourself at “The reality is you are missing…”
You seem to have some amazing insight into what (all) men think…four times you mention it That’s quite a generalization. How do you know so much about what another person is thinking? Might it not be that this is the way only you think? I have to conclude that this is where you are coming from, particularly because you cite no psychology text or other authority.
The erection argument is fascinating: are you saying, therefore, that if a guy can't get an erection, it is the woman who is the violator if she 'lends a hand'??
Still, you have no answer for the unequal application of the laws issue. Too bad…I thought you were going someplace interesting with your penetration argument.
Last edited by Original Quill on Fri Jan 30, 2015 5:01 am; edited 2 times in total
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
ALSO YOU VIEW WOMEN LIKE A MISOGYNIST, they are free to be a sexual as they desire they don't need Slut shaming telling them that women don't want sex.
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Original Quill wrote:Brasidas wrote:Because yet again as two people being intoxicated, only one of the can penetrate the other. Just because both are drunk is still two people unawares or more so the woman (they get easily more intoxicated quicker than most men) and men tend to have a problem understanding no means no when they are drunk, where some have forced themselves on women. The reality is you are missing the whole point about people being responsible when they are drinking and drunkenness leads some men doing anything to get a woman in sack. Men think because a woman has come back drunk, that means she wants to have sex. Well no it doesn't, because allot of the time the men entice them to come back with claims to being behaved etc, even if they are kissing etc.Men once they have got them back, then think well she is up for it and then when she is saying no, it makes them think they still can. It all boils down to empowerment. It does not matter if he is drunk, he is responsible as much as the girl is for getting drunk, that does not excuse him or give him the right to take advantage. No matter how drunk the intent is to sleep with a girl, as it is very difficult to maintain an erection when a guy is wasted. If that wasted he would be incapable too. There are levels of how drunk a person is Quill. So lets be honest those wanting to having sex, men wise, are not wasted. Most maybe pissed or merry, but clearly are out to get pissed and laid, a bad combination.
Because of penetration? You mean that because a male has a penis, he is inevitably guilty? That gives new meaning to original sin!
Look at it this way: stop thinking of a penis as a stabbing weapon, and start thinking of a vagina as a box trap (honestly, no pun intended). If the male organ is not stabbing, but is entrapped, doesn't that change your personification of the matter?
Anyway, obviously you don’t have an answer for the unequal application of the laws issue.
It sounded like you were going for a sexist explanation with the penetration argument, but you stopped and caught yourself at “The reality is you are missing…”
You seem to have some amazing insight into what (all) men think…four times you mention it That’s quite a generalization. How do you know so much about what another person is thinking? Might it not be that this is the way only you think? I have to conclude that this is where you are coming from, particularly because you cite no psychology text or other authority.
The erection argument is fascinating: are you saying, therefore, that if a guy can't get an erection, it is the woman who is the violator if she 'lends a hand'??
Still, you have no answer for the unequal application of the laws issue. Too bad…I thought you were going someplace interesting with your penetration argument.
For fuck sake this is getting beyond a joke now, you have no comprehension of the culture over here for a starters, so there is little point debating this with a backward man such as yourself
Most of your post was just poor assumptions on my points, because this is all you can ever do of late.
You do not define what is right, best you get use to that fact.
The point on erections as in regards to how piss a man is, try and read what I have posted and respond instead of coming back with gobbledygook.
I did go somewhere the penetration argument, you just went off on nonsense.
The law is equal on this, no matter male or female, who ever has been penetrated without permission, in other words raped, no excuse will stand on drunkenness to the guilty party.
The law applies equally.
I never said all men either, you added that word because you had nothing to debate with, again inventing things I did not say, I said men and some men do think like that when drunk, especially when they are out to get pulled, just as some women do also. The fact is men are victims here also.
Anyway, your a yank, so its doubtful you would have a clue on this.
New guidance given to police and prosecutors in rape cases spells out the need to look beyond the simplified concept of “no means no” to specifically spell out cases in which possible victims of rape may have been unable to give their consent to sex, and in the process attempt to stamp out the blame culture that can plague rape victims.
Now officers and lawyers are advised to ask a suspect how they knew that an alleged victim had consented to the sexual activity “with full capacity and freedom to do so”.
The new “toolkit” administered to authorities outlines where a person’s ability to consent to sex should be questioned in the following areas:
- Where the possible victim has mental health problems, learning difficulties or was asleep or unconscious at the time of the attack.
- In domestic violence situations where the potential rape victim may be financially or otherwise dependent on the alleged rapist.
- In situations where possible rape victim had become incapacitated through drinking or taking drugs.
- For cases where the alleged rapist may have held a position of power over the potential victim, such as a teacher, an employer, a doctor or a fellow gang member.
In 2013 a joint report by the Ministry of Justice, Office for National Statistics and the Home Office found that:
One in five women aged between 16 and 59 have experienced some form of sexual violence since turning 16.
Around 404,000 women and 72,000 men are sexually assaulted each year.
On average, 85,000 women are raped in England and Wales each year.
Of these women, only 15% or so reported the incident to police.
The Crown Prosecution Service (CPS) recorded 3,891 rape cases went to court between 2013 and 2014, of which there was a 60.3% conviction rate.
Rape conviction rates in the UK have fallen since 2012 and the proportion of rape cases referred by the police to the CPS is at its lowest rate since records began, despite the number of sexual offences reported to the police having risen by 22% in the last year.
In practice, consent is often an area where rape cases can become de-railed, where a victim is often forced to prove they did not consent to sex, rather than the burden of proof being placed on the perpetrator that there was clear consent from the possible victim.
It can become increasingly difficult to prove the longer a case takes to get to court – often rape cases can take up to two years to be heard.
In 2013 a joint report by the Ministry of Justice, Office for National Statistics and the Home Office found that:
How does the issue of consent feed a ‘blame culture’?
Alison Saunders, the Director of Public Prosecutions, has stressed that the perceived confusion over consent feeds into a blame culture that ultimately hinders a possible victim’s case: “For too long society has blamed rape victims for confusing the issue of consent – by drinking or dressing provocatively for example – but it is not they who are confused, it is society itself and we must challenge that,” she said.
"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?"
Martin Hewitt, the Metropolitan Police Assistant Commissioner, has himself admitted there is “far too much variation” in the way that forces move a complaint of rape through the system.
Hewitt, who is also the Association of Chief Police Officers lead on adult sex offences, said the police needs 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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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Some additional detail on this issue
https://fullfact.org/factcheck/law/men_accused_rape_dont_have_to_prove_woman_said_yes-38719
https://fullfact.org/factcheck/law/men_accused_rape_dont_have_to_prove_woman_said_yes-38719
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Brasidas wrote:For fuck sake this is getting beyond a joke now, you have no comprehension of the culture over here for a starters, so there is little point debating this with a backward man such as yourself
Most of your post was just poor assumptions on my points, because this is all you can ever do of late.
You do not define what is right, best you get use to that fact.
The point on erections as in regards to how piss a man is, try and read what I have posted and respond instead of coming back with gobbledygook.
I did go somewhere the penetration argument, you just went off on nonsense.
The law is equal on this, no matter male or female, who ever has been penetrated without permission, in other words raped, no excuse will stand on drunkenness to the guilty party.
The law applies equally.
I never said all men either, you added that word because you had nothing to debate with, again inventing things I did not say, I said men and some men do think like that when drunk, especially when they are out to get pulled, just as some women do also. The fact is men are victims here also.
Thank god! So it’s not you that is sexist, it’s the whole legal institution. Since only men have the ‘stabbing weapon’ we call a penis, only men can be guilty of penetration, right? So then, it’s not about intoxication at all…which, after all, is hard to establish conclusively after the fact. It’s all about our assumptions. We may assume that a woman was intoxicated. We may assume that all men are nefarious and wish to nail all women (there’s your ‘all men think like that’ point). And, we thus may assume guilt, by reason of gender.
I’m not ridiculing you, although there is enough for it. The point is this is the great flaw in our legal system: proof by assumption. To begin with, we assume that men ‘think’ like that. Then we assume that only women get intoxicated (if a man gets intoxicated he passes out from erectile dysfunction, eh?). Then we assume that only men are aggressive (because they think like that, eh?). These are questions of fact, but no matter because we can assume everything.
You know, we can make jokes about this because everything about sex is a joke (see, Dogma, Metatron: “The way I understand it, [sex is] mostly a joke down here, too.”). But the wider point is that the jury system also makes assumptions about Gays, Blacks, Hispanics and Muslims, in the same manner. Blacks, for example, make up less than 13% of the general population in the US, yet they are over 40% of the convicted prison population; no doubt we may just assume they are guilty too.
Consider that the next time you want to convict because ‘all men think’ like that.
Brasidas wrote:Anyway, your a yank, so its doubtful you would have a clue on this.
Haha…you’re not doing so well, yourself, as a representative of the Brits.
Original Quill- Forum Detective ????♀️
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Re: Prosecute Rapists Even When Victims Don't Say 'No', New Crown Prosecution Service Guidelines Say
Eh?
I am doing fine and dandy as a representative thanks and the rest of your post again ignored the points I made.
Sigh
Anyway as seen it is just guidance not law.
So everyone got worked up over nothing.
I am doing fine and dandy as a representative thanks and the rest of your post again ignored the points I made.
Sigh
Anyway as seen it is just guidance not law.
So everyone got worked up over nothing.
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