Expert witnesses to dispel rape myths

Judges to give advice on drunken consent

Monday, 18, Jun 2007 12:00

The government will this week unveil new recommendations designed to boost the "unacceptably low" conviction rate for rape.

The white paper will attempt to clarify the law on consent and drunkenness.

It is expected to stop short of original proposals that women should be deemed incapable of consenting to sex if they are excessively drunk. Instead judges will be instructed to give clearer guidance to juries on whether the alleged victim was able to give consent.

Ministers also want expert witnesses to give general evidence to juries on how rape victims can behave. It is hoped this will dispel the "myths" surrounding rape and the credibility of witnesses.

The white paper is also expected to recommend women's original videotaped evidence to police can be used in court.

Convictions for reported rape have fallen steadily, prompting concerns from women's groups and ministers.

In 1997, a third of reported rapes resulted in conviction, falling to 5.4 per cent in 2005. Out of the 14,449 allegations of rape in 2005, 12 per cent made it into court.

A Home Office spokesperson said today: "The government believes the conviction rate in rape cases remains at an unacceptably low level and is currently looking at different options to strengthen the legislation further.

"The government received nearly 100 responses to this consultation representing a wide range of views. All the different points of view will be taken into account when we decide on the best way forward."

After announcing the consultation to raise the conviction rate last year, the government has heard evidence from the police, women's groups and the Home Office.

Judges, however, are thought to be opposed to many of the plans, warning they risk increasing the cost and length of trials and could result in miscarriages of justice.

The Council of Circuit Judges is opposed to many aspects of report. In a response obtained by the Guardian, it is sceptical of the use of expert witnesses and warns it risks leading the jury's decision.

The Court of Appeal has also said it is not possible to workout a simple drunken consent rule, pointing out women have different tolerances of alcohol.

In March, the Court of Appeal quashed the conviction of Benjamin Bree, a 25-year-old software engineer, for the rape of 19-year-old student. Mr Bree said the women was drunk but had consented to sex.