Myths about rape

The British government is preparing to distribute information packets to demolish "myths" about rape, and get more convictions for rape out of juries.

For the more I look at this issue, the more myths I seem to find. The biggest is being propagated by politicians themselves. They repeat, ad infinitum, that the conviction rate for rape is scandalously low, at 5.7 per cent. They conclude from this that juries cannot be trusted. But 5.7 per cent is only the proportion of convictions secured out of the total allegations made, not the proportion of convictions secured out of the cases tried. The attrition rate in rape cases is high: only about 12 per cent of cases reach court. So in the courtroom, the true conviction rate is about 44 per cent, slightly higher than that for murder.

Rape is a shocking crime. But you would expect it to be at least as hard to prosecute as murder. More than four out of five allegations are now made against a partner, friend or acquaintance. About half of those involve drink and/or drugs. Jurors think long and hard about decisions if there is no witness, only circumstantial evidence and where a guilty verdict means a minimum of seven years in jail. Gang rape by strangers carries the same minimum sentence as rape by a drunken partner. There is no equivalent to manslaughter, because victim groups feel that a lesser charge would downgrade the seriousness of the crime. Yet some lawyers feel that some juries are not convicting because they feel that the right crime is not being tried.

In March the Court of Appeal quashed the conviction of a 25-year-old computer software engineer, Benjamin Bree, for raping a 19-year-old student after a night of drinking with friends. The judges ruled that the student was still capable of consenting to sex, even after consuming substantial amounts of alcohol. They also ruled that a drunken person can lose the capacity to consent, and that would amount to rape. That seems to me to be an intelligent calibration. Ministers are still considering whether to insist that no agreement can be taken as consent if it is given when intoxicated. But that would make a drunken man accountable for his deeds, but not a drunken woman.

It is an outrage that some men are getting away with rape. But I also worry that the language in which the issue is now being discussed implies that the only right result is a conviction. That would be a travesty of justice. It is no good trying to bust myths about rape if you are also going to propagate the myth that everyone is guilty as charged.