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 <title>open Democracy News Analysis - Tackling rape in the UK, Sarah Campbell  - Comments</title>
 <link>http://www.opendemocracy.net/article/5050/16_days/rape_conviction_uk</link>
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 <title>Not logged in on &quot;&quot;She was probably glad of the attention&quot;: tackling rape in the UK&quot;</title>
 <link>http://www.opendemocracy.net/article/5050/16_days/rape_conviction_uk#comment-514707</link>
 <description>&lt;p&gt;we should be aloud to wear want we want without men thinking they can shove their slimy dicks inside us and geting away with it.and how the fuck are women partically or fully fuckin responsible for being raped. we shouldnt be afraid of walking home by ourself. they should all have their dicks chopped off. if they cant use it properly then they shouldnt have one!!!!!!!!!!&lt;/p&gt;
</description>
 <pubDate>Thu, 24 Sep 2009 08:49:06 +0000</pubDate>
 <dc:creator>Not logged in</dc:creator>
 <guid isPermaLink="false">comment 514707 at http://www.opendemocracy.net</guid>
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 <title>sendtosadie@gmail.com on &quot;&quot;She was probably glad of the attention&quot;: tackling rape in the UK&quot;</title>
 <link>http://www.opendemocracy.net/article/5050/16_days/rape_conviction_uk#comment-438651</link>
 <description>Arakano, 

This is an argument that I often come across as an explanation for the low conviction rate. 

In fact, there is supporting evidence in 86.7% of charged cases of rape - so in the majority of cases it is not simply a matter of the victim’s word against the defendants (see this report: http://www.hmcpsi.gov.uk/reports/Without_Consent_Thematic.pdf). Supporting evidence could include: previous convictions or violent behaviour; forensic evidence (including evidence from the crime scene); evidence of a drink being spiked; supporting witnesses to events or behaviour surrounding the alleged rape. 

In many other crimes, there are no eyewitnesses to the event itself - rape is not in fact unique in this regard. What I&#039;d argue is that far more could be done to make the gathering of effective evidence in rape cases a priority, and to ensure that the victim is in a position to give the best evidence possible. Cases aren&#039;t only dropped as a result of lack of evidence - in many cases, victims choose not to pursue the case, sometimes as a result of poor treatment by the police. And police often &#039;no crime&#039;, and so do not investigate cases where there is evidence of previous offences by the accused - see http://www.newstatesman.com/200704160015.</description>
 <pubDate>Fri, 14 Dec 2007 15:36:18 +0000</pubDate>
 <dc:creator>sendtosadie@gmail.com</dc:creator>
 <guid isPermaLink="false">comment 438651 at http://www.opendemocracy.net</guid>
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 <title>Arakano on &quot;&quot;She was probably glad of the attention&quot;: tackling rape in the UK&quot;</title>
 <link>http://www.opendemocracy.net/article/5050/16_days/rape_conviction_uk#comment-438373</link>
 <description>A thing that always puzzled me about rape cases: since most of them happen with no witness, and so basically the victim/alleged victim and the rapist/alleged rapist contradict one another, so it is word against word... how is the true guilt of the accused ever found out? Especially given the benefit-of-the-doubt that is part of almost every modern legal system.</description>
 <pubDate>Sat, 01 Dec 2007 18:57:38 +0000</pubDate>
 <dc:creator>Arakano</dc:creator>
 <guid isPermaLink="false">comment 438373 at http://www.opendemocracy.net</guid>
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 <title>Tackling rape in the UK, Sarah Campbell </title>
 <link>http://www.opendemocracy.net/article/5050/16_days/rape_conviction_uk</link>
 <description>&lt;p&gt;
Globally, the prosecution of rape is given a low priority
by criminal justice agencies, and across most of Europe
the rape conviction rate has &lt;a href=&quot;http://www.rcne.com/downloads/RepsPubs/Attritn.pdf&quot;&gt;fallen continuously&lt;/a&gt;
in the last thirty years. In the UK, in 1977 33.3% of all rapes reported to the
police led to a conviction. In 2007, this figure has fallen to 5.7%. The
shockingly low rate of conviction for rape has made headlines numerous times in
the intervening years, most recently as the government announced &lt;a href=&quot;http://www.epolitix.com/EN/News/200711/5ecff6de-d1b2-4869-8c96-d2ce4366eed9.htm&quot;&gt;reforms&lt;/a&gt;
to rape trials this week.
&lt;/p&gt;
&lt;p&gt;
Although
the vast majority of rapes in the UK&lt;strong&gt; &lt;/strong&gt;are still not reported to the police, there has been a marked &lt;a href=&quot;http://inspectorates.homeoffice.gov.uk/hmic/inspections/thematic/wc-thematic/&quot;&gt;increase
in reportage&lt;/a&gt; in recent years. With more women coming
forward, the police have been handed an opportunity to pursue more cases and to
see more rapists convicted. But this opportunity to tackle violence against
women has largely not been taken. There are complex reasons for this failure, but popular
misconceptions of how and why rape occurs are central to the problem.
&lt;/p&gt;
&lt;p&gt;
&lt;strong&gt;&amp;quot;Know your limits&amp;quot;&lt;/strong&gt;
&lt;/p&gt;
&lt;p&gt;
Beliefs
still prevail that women are raped because they expose themselves to danger or even
‘&lt;a href=&quot;http://commentisfree.guardian.co.uk/david_cox/2007/09/feminisms_rape_fallacy.html&quot;&gt;imply
consent&lt;/a&gt;&amp;#39; by being too promiscuous, too flirtatious, drinking too much,
wearing short skirts or walking alone at night in dangerous areas. One third of
people believe that a woman is partially or totally responsible for being raped
if she ‘&lt;a href=&quot;http://www.amnesty.org.uk/news_details.asp?NewsID=16618&quot;&gt;flirted&lt;/a&gt;&amp;#39;
with a man who later raped her. 
&lt;/p&gt;
&lt;p&gt;
&lt;span class=&quot;pullquote_new&quot;&gt;This
article is the fourth in a series on &lt;strong&gt;openDemocracy&lt;/strong&gt; marking the &amp;quot;&lt;a href=&quot;/editorial_tags/16_days&quot;&gt;16 Days of Activism
against Gender Violence&lt;/a&gt;&amp;quot; from 25 November - 10 December, an annual
mobilisation aimed at heightening global awareness of violence against women
&lt;br /&gt;
&lt;br /&gt;
Also in &lt;strong&gt;openDemocracy&lt;/strong&gt; on the 16 Days theme, part of our overall 50.50
coverage, a &lt;a href=&quot;/blog/5050&quot;&gt;multi-voiced blog&lt;/a&gt;
where women around the world contribute &lt;br /&gt;
&lt;br /&gt;
Roja Bandari, &amp;quot;&lt;a href=&quot;/article/5050/16_days/one_million_signatures&quot;&gt;Iran&amp;#39;s
women: listen now!&lt;/a&gt;&amp;quot; &lt;br /&gt;
&lt;br /&gt;
Rahila Gupta, &amp;quot;&lt;a href=&quot;/article/5050/16_days/enslaved&quot;&gt;The UK&amp;#39;s
modern slavery shame&lt;/a&gt;&amp;quot;&lt;br /&gt;
&lt;br /&gt;
Takyiwaa Manuh, &amp;quot;&lt;a href=&quot;/article/5050/ghana_domestic_violence&quot;&gt;African
women and domestic violence&lt;/a&gt;&lt;/span&gt;Such statistics reflect the
disturbingly common idea that the sexual coercion of women in certain
circumstances does not count as rape, and that rape is somehow inevitable in contexts
in which women are seen to ‘make themselves available&amp;#39; sexually in some way by
participating in what is, in reality, normal social life. Meanwhile, &lt;a href=&quot;http://www.knowyourlimits.gov.uk/index.html&quot;&gt;Home Office campaigns&lt;/a&gt; caution
women to avoid the dangers of excessive alcohol consumption, drink-spiking and
illegal taxi cabs, implicitly supporting the notion that it is women&amp;#39;s ‘risk
taking behaviour&amp;#39;, rather than the perpetration of sexual violence itself,
which is the real problem. 
&lt;/p&gt;
&lt;p&gt;
&lt;strong&gt;The uncomfortable truth&lt;/strong&gt;
&lt;/p&gt;
&lt;p&gt;
Stereotypes
about what kinds of women ‘attract&amp;#39; rape are reflective of dominant notions
about what kinds of men commit rape and why. Rapists are commonly figured as loners
who attack women as they walk down dark alleys, men who are starved of sex and
driven by ‘uncontrollable&amp;#39; sexual urges. Conversely, it is often assumed that cases
of acquaintance rape, where the stereotype of the knife-wielding stranger does
not apply, are the result of a misunderstanding or women&amp;#39;s ‘&lt;a href=&quot;http://commentisfree.guardian.co.uk/david_cox/2007/09/feminisms_rape_fallacy.html&quot;&gt;misinterpreting&amp;#39;
of events&lt;/a&gt;, rather than violent impositions of power. In other words, the
normal, decent man involved was not aware that he was committing a rape, and simply
got ‘carried away&amp;#39;, or was led to believe a woman consented by her
‘flirtatious&amp;#39; behaviour. 
&lt;/p&gt;
&lt;p&gt;
In fact, the majority of rapists are
&lt;a href=&quot;http://inspectorates.homeoffice.gov.uk/hmic/inspections/thematic/wc-thematic/&quot;&gt;known
to their victim&lt;/a&gt;, and about 50% of rapes in the UK occur in the home of the woman
or the perpetrator. Most rapes do not involve violence beyond the act of &lt;a href=&quot;http://bjc.oxfordjournals.org/cgi/content/abstract/43/3/583&quot;&gt;rape itself&lt;/a&gt;, and rapists are predominantly ‘normal&amp;#39; men who have
steady jobs, nice homes and established relationships. The uncomfortable
truth is that rape is much closer to home than many people would like to admit.
&lt;/p&gt;
&lt;p&gt;
Rapists are
often pathologised and viewed as a small minority of deviants, and yet studies
show that rape and sexual coercion are in fact widespread. &lt;a href=&quot;http://www.endviolenceagainstwomen.org.uk/documents/YouthpollPR.doc&quot;&gt;Four
in ten&lt;/a&gt; young people know girls whose boyfriends have coerced or pressurised
them to have sex, while significant proportions think it is acceptable for a
boy to expect to have sex with a girl if she has been ‘very flirtatious&amp;#39;, if
sexual activity has been initiated, or if he has spent a lot of time and money
on her. This is not just a UK phenomenon; &lt;a href=&quot;http://www.informaworld.com/smpp/content%7Econtent=a741405961%7Edb=all%7Ejumptype=rss&quot;&gt;studies
in the US&lt;/a&gt; have found that one in four men reported having forced women to
have sex despite their visible distress, and a third of male college students
reported that they would rape a woman if they knew that they would not be
caught or punished as a result. 
&lt;/p&gt;
&lt;p&gt;
These
statistics reveal both the widespread practice of sexual coercion by men, and
the high level of public acceptance of such behaviour. In an astonishing variety
of circumstances, it is seen as understandable that a man should presume that a
woman is sexually available to him. There is a naturalisation of the idea that
men can&amp;#39;t, or shouldn&amp;#39;t, be expected to control their sexual urges in the
company of an attractive, ‘flirtatious&amp;#39; or intoxicated woman who they view as
sexually available, and that women are to blame if they do not understand and
obey these unwritten sexual rules. In this way, sexual coercion is normalised
and women are denied any real choice regarding the degree to which they can
engage in a social life or in relationships without effectively losing their
rights to safety.
&lt;/p&gt;
&lt;p&gt;
&lt;strong&gt;Deconstructing
the myth&lt;/strong&gt;
&lt;/p&gt;
&lt;p&gt;
Prevalent
public attitudes about rape also have a clear influence on the investigation
and prosecution of rape cases and at court, and contribute to the low rape&lt;strong&gt; &lt;/strong&gt;conviction rate. Police, prosecutors,
judges and, perhaps most importantly, jurors are as likely as any other members
of the public to internalise common attitudes about rape, and misconceptions
about who are ‘real&amp;#39; rapists and victims. 
&lt;/p&gt;
&lt;p&gt;
The
stereotype of stranger rape continues to create obstacles to prosecuting the
majority of rapes, which are committed by acquaintances, partners or
ex-partners. It is only since 1991 that there has been a precedent in English
law for prosecuting rape within marriage. Even today, the police are still less likely to prosecute cases
where, for example, the victim was willingly &lt;a href=&quot;http://bjc.oxfordjournals.org/cgi/content/abstract/43/3/583&quot;&gt;within the
home&lt;/a&gt; of the perpetrator, and sentences for marital rape continue to be
lower than average rape sentences. Women are often viewed as partly
responsible for the state of their relationship or partner&amp;#39;s behaviour where
rape takes place within a marriage, and the links between rape by partners and
domestic abuse are not always recognised. It is often presumed that rape within
marriage is less violent and traumatic, although psychological studies and
accounts by victims of marital rape &lt;a href=&quot;http://www.sentencing-guidelines.gov.uk/docs/research.pdf&quot;&gt;contradict
this assumption&lt;/a&gt; (pdf).  
&lt;/p&gt;
&lt;p&gt;
&lt;span class=&quot;pullquote_new&quot;&gt;In the New
Year, the &lt;a href=&quot;http://www.fawcettsociety.org.uk&quot; target=&quot;_blank&quot;&gt;Fawcett Society&lt;/a&gt; will be launching a campaign on rape, and putting
pressure on all the political parties to make rape a priority issue. For more
information, contact &lt;a href=&quot;mailto:sarah.campbell@fawcettsociety.org.uk&quot;&gt;Sarah Campbell&lt;/a&gt; &lt;/span&gt;Judgements
about the credibility of charges of rape are often influenced by impressions of
the woman&amp;#39;s attractiveness, demeanour, dress and
alcohol consumption which are in fact irrelevant to the real issue of
consent and the perpetrator&amp;#39;s culpability. Defence lawyers realise this, and
often cynically attempt to &lt;a href=&quot;http://endviolenceagainstwomen.blogspot.com/2007/05/barrister-gang-rape-girl-was-glad-of.html&quot;&gt;use
juries&amp;#39; misconceptions&lt;/a&gt; to their advantage. For
example, earlier this year, the defence barrister in a trial concerning the alleged
gang rape of a sixteen year old girl notoriously made the argument that the girl
had ‘slimmed down a lot&amp;#39; since the attack and that at the time &amp;quot;she was
12st 6lb - not quite the swan she may turn into - she may well have been glad
of the attention&amp;quot;.  
&lt;/p&gt;
&lt;p&gt;
Similarly,
when women have been drinking before an alleged rape, even if the amount they
drank was small, or their drink was spiked, this is seen to cast doubt on their
testimony. A recent &lt;a href=&quot;http://www.esrcsocietytoday.ac.uk/ESRCInfoCentre/ViewAwardPage.aspx?AwardId=3932&quot;&gt;study&lt;/a&gt;
found that when a woman
had her drink spiked, juries were reluctant to convict unless they were
convinced that the drink had been spiked with the specific intention of sexual
assault, as opposed to ‘loosening up&amp;#39; a reluctant partner. Similarly, jurors
were less inclined to equate ‘taking advantage&amp;#39; of a drunken women with rape in
situations in which the woman&amp;#39;s normal behaviour was to drink heavily in the
company of men. This shows the extent to which spiking a drink to encourage a
woman to have sex is viewed as acceptable male behaviour, and women who drink
regularly are seen not to qualify as real victims.
&lt;/p&gt;
&lt;p&gt;
&lt;strong&gt;Creating change &lt;/strong&gt;
&lt;/p&gt;
&lt;p&gt;
The
prevalence of disturbing public attitudes to rape, and their relationship
to criminal justice failure, point to a need re-examine ideas about how and why rape happens. The UK
Government needs to do more to ensure that problematic attitudes amongst staff
in criminal justice agencies are addressed through training, that further
investment is made in specialist rape investigation and prosecution services,
and that all rape is properly investigated by police from the outset. A greater
focus should be put on interrogating the behaviour of the &lt;a href=&quot;http://www.newstatesman.com/200704160015&quot;&gt;perpetrators&lt;/a&gt; of rape,
rather than dissecting the character of victims. 
&lt;/p&gt;
&lt;p&gt;
However,
the extent to which sexual coercion is a common and socially accepted fact
points to a need for a wider debate on this issue, and a re-imagining of our
understandings of masculinity, femininity and sexuality. We need to ask
questions about how sexual coercion is tied up with current ideals of
masculinity which are defined in terms of assertiveness, virility and sexual
conquest. At the same time, its necessary to interrogate assumptions about
women&amp;#39;s sexual passivity and the lessons which women are being taught about
having reduced rights to safety if they are seen to make themselves sexually
available by engaging in relationships, drinking, flirting or walking alone at
night. 
&lt;/p&gt;
&lt;p&gt;
Amongst the
reforms announced by the UK
government this week was a plan to provide juries in rape trials with
&lt;a href=&quot;http://business.timesonline.co.uk/tol/business/law/article2943263.ece&quot;&gt;information packs&lt;/a&gt; compiled by experts, which would dispel myths around rape
victims&amp;#39; behaviour. These proposals are a start, but if there is to be real
change, what is needed is a much deeper questioning of what children are taught
both in school and daily life about gender and power dynamics, choice and coercion
in sexual relationships. 
&lt;/p&gt;
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 <pubDate>Wed, 28 Nov 2007 23:22:04 +0000</pubDate>
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