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Rape: The Facts

In no other crime is the victim subject to so much scrutiny during an investigation or at trial; nor is the potential for victims to be re-traumatised during these processes as high in any other crime. (HMCPS & HMIC, 2007)

!ummary !tatistics
Incidence: At least "#$%%% adult women are raped every year in the !" &erpetrators# $he ma%ority o& perpetrators are 'nown to the vi(tim" Reporting: $here has )een a pro*ressive in(rease in the num)er o& rapes reported to the poli(e &or more than 20 years+ durin* 200,-. '($#') rapes were reported" *onviction: In 2004 the conviction rate for rape was +.(, - the lowest rate on re(ord" !upport services# $here are only '+ Se/ual 0ssault 1e&erral Centres (S01Cs) &or vi(tims o& rape" &ublic attitudes: 2early a third o& people ((%,) say a woman was partially or totally responsi)le &or )ein* raped i& she was drun' International# 0 study &ound the only 3uropean (ountry with a lower (onvi(tion rate than the ! was Ireland"

Incidence 0vaila)le data su**ests that nearly one in four women -orld-ide may e.perience se.ual violence by an intimate partner in their lifetime /012$ )%%)3. 0t least "#$%%% adult women are raped every year in the ! (4CS 2005)" Sin(e the a*e o& 5., +, o& women in the ! have )een raped (4CS 2005)" $here are in(reasin* num)ers o& youn* vi(tims o& rape a*ed under 206years6old (!elly, 7ovett, and 1e*an, 200,)" "%, o& youn* people 'now *irls whose )oy&riends have (oer(ed or pressurised them to have se/ (3809, 200.)" &erpetrators $he ma%ority o& perpetrators are 'nown to the vi(tim (!elly, 7ovett, and 1e*an, 200,)" In 4+.#, o& re(orded rape (rimes the suspe(t was 'nown to the vi(tim or identi&ied &ollowin* investi*ation (HMCPS & HMIC, 2007)" 9omen are most li'ely to )e se/ually atta('ed )y men they 'now in some way, most o&ten partners ((),) or a(:uaintan(es ()),) (0I ! 2007)" Reporting $here has )een a pro*ressive in(rease in the num)er o& rapes reported to the poli(e &or more than 20 years (HMCPS & HMIC, 2007)# o 2005-02# 5$#(" rapes were reported o 200;-0<# ')$(+" rapes were reported o 200,-0.# '($#') rapes were reported

o $he a)ove &i*ures represent an in(rease o& "%.5," 1esear(h su**ests )etween #+-5+, o& rapes are never reported to the poli(e (HMCPS & HMIC, 2007)" "%, o& those who su&&ered rape in the 2005 4CS had told no6one a)out it (=C>1, 200.)" =verall, resear(h su**ests the rate o& &alse alle*ations o& rape are no hi*her than those o& other (rimes (!elly, 7ovett, and 1e*an, 200,)" 0 re(ent study in the ! &ound ?@ o& (ases reported to the poli(e were desi*nated A&alseB reports" However, internal poli(e rules spe(i&y that only (ases where either there is a stron* and (redi)le admission )y the (omplainants, or where there are stron* evidential *rounds, should )e (lassi&ied as A&alseB" Curther investi*ation o& this &i*ure o& ?@ &ound that only (, o& (ases desi*nated &alse &ell within the poli(e (ate*ories o& Apro)a)leB and Apossi)leB &alse alle*ations (as opposed to additionally those (lassed as Aun(ertainB)" (!elly, 7ovett, and 1e*an, 200,)" $here is an over6estimation o& the s(ale o& &alse alle*ations )y poli(e and prose(utors and su)%e(tive %ud*ements are still )ein* made a)out vi(tims" $his results in poor (ommuni(ation and loss o& (on&iden(e )etween (omplainants and poli(e (!elly, 7ovett, and 1e*an, 200,+ HMCPS & HMIC, 2007)" International resear(h shows that, o& the very small proportion o& *enuinely &alse alle*ations, in most (ases there is no named o&&ender (3809, 2007)"

6a- in the 78 $he !e.ual 2ffences 9ct )%%( o Statutory de&inition o& (onsent# a de&endant is *uilty i&# he intentionally penetrates the va*ina, anus or mouth o& another person with his penis, the vi(tim does not (onsent to the penetration, and he does not reasona)ly )elieve that the vi(tim (onsents" o De&inition o& (onsent# Ea person (onsents i& he a*rees )y (hoi(e, and has the &reedom and (apa(ity to ma'e that (hoi(eF" $he Government has re(ently (onsulted on the need &or (han*es to the (urrent law, in AConvi(tin* 1apists and Prote(tin* 8i(tims H >usti(e &or 8i(tims o& 1apeB" $he results o& this (onsultation have not yet )een pu)lished" *onviction The term conviction rate refers to the proportion of rapes reported to police that result in the alleged perpetrator being found guilty in a court of law. $he reportin* rate o& rape is in(reasin*, )ut the (onvi(tion rate is diminishin*" $he A%usti(e *apB &or vi(tims o& rape is there&ore widenin*" (HMCPS & HMIC, 2007) ! (onvi(tion rates &or rape (!elly, 7ovett, and 1e*an, 200,)# 5I77# ((.(, 5III# #.#, 2002# +.:, 200<# +.(, 6 (representin* ' in )% reported (ases) (=C>1, 200.) 9hile the national avera*e is ,";@, the (onvi(tion rate in areas varies widely, &rom 5;"?@ in 2orthamptonshire to %ust 5".@ in Su&&ol' and %.4:, in Glou(estershire" In 200, there were #)4 (onvi(tions &or rape (HMCPS & HMIC, 2007)" ;et-een half and t-o thirds o& (ases reported do not advan(e )eyond the investi*ation sta*e (HMCPS & HMIC, 2007)" 0round half o& (onvi(tions were due to a *uilty plea, and where a &ull trial too' pla(e, an a(:uittal was the most li'ely out(ome (!elly, 7ovett, and 1e*an, 200,)" )(.4, o& reported rapes are Ano (rimedB )y the poli(e" ('.4, o& these de(isions have )een &ound to )e non6(ompliant with Home =&&i(e Countin* 1ules and should remain re(orded (rimes (HMCPS & HMIC, 2007)" (The term no crime means the police decide that the

incident reported to them is most likely not to have been the result of a criminal act and they take no further action to pursue the claim. No crimes are excluded from official recorded crime figures which are in turn used for calculating levels of attrition. $here is supportin* eviden(e in 4:.#, o& (har*ed (ases o& rape" $hus in the ma%ority o& (ases it is not simply a matter o& the vi(timBs word a*ainst the de&endants (HMCPS & HMIC, 2007)" 0 vulnera)ility or diversity issue is identi&ied in ").", o& reported rape (ases" $he most &re:uently identi&ied vulnera)ilities relate to mental health and learnin* di&&i(ulties" $he (onvi(tion rate &or these (ases is lower than the overall (onvi(tion rate &or rape (ases (HMCPS & HMIC, 2007)" 1ates o& a(:uittal are t-ice as hi*h in (ases involvin* adults as those involvin* under65.s (!elly, 7ovett, and 1e*an, 200,)" Into.icants: o Cases o& rape are (urrently very di&&i(ult to prose(ute su((ess&ully i& the vi(tim was into/i(ated at the time o& the atta(', and there is a hi*h (han(e o& non6prose(ution or a(:uittal &or rape in these (ir(umstan(es (HMCPS & HMIC, 2007)" o Conservative estimates indi(ate al(ohol is involved in (", o& reported rape (ases, and dru*s in '), o& (ases (Cin(h and Munroe, 200.)" o 0 re(ent study &ound "5.(, o& rape (ases reported to the poli(e involved dru*s and-or al(ohol (al(ohol )ein* the primary into/i(ant in the vast ma%ority o& (ases)" However, there were di&&eren(es in the (ase sample# +5, o& advi(e (ases involved into/i(ants and (5, o& (har*ed (ases involved into/i(ants" (HMCPS & HMIC, 2007)" $his su**ests that al(ohol use )y vi(tims in&luen(es poli(e de(ision ma'in* o 1esear(h su**ests that %urors o&ten ta'e the view that it is Jreasona)leJ &or a man to assume that silen(e represents se/ual (onsent, even i& the silen(e was due to the &a(t that the woman was totally into/i(ated" 3ven in situations where the al(ohol (onsumption was involuntary, %urors (ontinue to hold the (omplainant responsi)le (Cin(h and Munroe, 200.)" o 1esear(h su**ests the type o& into/i(ant involved in a rape (ase in&luen(es %urorsB de(isions" In s(enarios involvin* the Adate rape dru*B, 1ohypnol, %urors are &ar less in(lined to hold the rape (omplainant responsi)le &or se/ual inter(ourse than i& the into/i(ant was al(ohol" $his (an )e attri)uted to the &a(t that al(ohol is more so(ially a((epta)le than dru*s, and its use )y men to AloosenB up otherwise relu(tant se/ual partners has )een normalised within so(iety (Cin(h and Munroe, 200.)" o In 200, the (ourt (ase o& 1 v Dou*al (Swansea Crown Court) re(eived wide6spread (ondemnation when the >ud*e dire(ted the %ury to enter a Anot *uiltyB verdi(t when the prose(ution in&ormed the %ud*e it did not propose to pro(eed &urther )e(ause it was una)le to prove that the (omplainant had not *iven (onsent )e(ause o& her level o& into/i(ation" $he prose(utin* (ounselBs statement in Swansea Crown Court in(luded the remar' that Edrun'en (onsent is still (onsentF" $he (omplainant stated that she (ould not remem)er whether she *ave (onsent to se/ual inter(ourse or not"

!upport !ervices Se/ual 0ssault 1e&erral Centres (S01Cs) provide spe(ialist medi(al treatment and (ounsellin* to vi(tims o& rape" $here are only '+ S01Cs in 3n*land and 9ales, with three )ased in 7ondon" $he other lo(ations o& S01Cs are# o Codnor, Der)yshire o Dart&ord, !ent o Durham o Gwent o Hampshire, Portsmouth o 7ei(ester o Man(hester o Merthyr $yd&il, South 9ales

o 2orthum)ria o Preston, 7an(ashire o 9alsall, 9est Midlands o Swindon, 9iltshire . more S01Cs are in development and &undin* is promised to )rin* the total to ;0 )y 0pril 200?" 8i(tims less li'ely to de(line to (omplete the initial investi*ative pro(ess in an area where there is a S01C (!elly, 7ovett, and 1e*an, 200,)" Rape Crisis centres offer long-term support to survivors of sexual violence, including women dealing with historic experiences, such as child or early adulthood sexual abuse. Due to de(reases in &undin*, the num)er o& rape (risis (entres has )een de(linin*" =ut o& the ;7 remainin* rape (risis (entres that are mem)ers o& the 1ape Crisis 2etwor', (ompared to .? in 5I?<, none have sta)le statutory &indin*, and si/ (losed in the last three years due to &undin* pro)lems"

&ublic 9ttitudes 0 third ((",) o& people in the ! )elieve that a woman is partially or totally responsi)le &or )ein* raped i& she has )ehaved in a &lirtatious manner (0I ! 200,)" More than a :uarter ():,) o& people thin' a woman was partially or totally responsi)le &or )ein* raped i& she was wearin* se/y or revealin* (lothin* (0I ! 200,)" More than one in &ive ()),) hold the same view i& a woman has many se/ual partners (0I ! 200,)" 0round one in 52 people (4,) )elieve a woman is totally responsi)le &or )ein* raped i& she has many se/ual partners (0I ! 200,)" 2early a third o& people ((%,) say a woman was partially or totally responsi)le &or )ein* raped i& she was drun' (0I ! 200,)" More than a third ((#,) hold the same view i& the woman had &ailed to (learly say EnoF to the man (0I ! 200,)" $he vast ma%ority o& the 4ritish population has no idea how many women are raped every year in the !# 5:, donBt 'now the true e/tent o& rape or thin' it is &ar lower than the true &i*ure" =nly ", thin' the num)er o& women raped e/(eeds 50,000 per year when the true &i*ure is li'ely to )e well in e/(ess o& ,0,000" (0I ! 200,) Koun* peopleBs attitudes (0I ! 200.)# o )#, thin' it is a((epta)le &or a )oy to Je/pe(t to have se/ with a *irlJ i& the *irl has )een Jvery &lirtatiousJ" o $he same view is held )y one in twelve (4,) o& youn* people in the (ase o& situations where a )oy had Jspent a lot i& time and moneyJ on the *irl" o '', thin' it is a((epta)le &or a )oy to e/pe(t to have se/ i& se/ual a(tivity had )een initiated and the )oy was Jreally turned onJ" o In most (ases more youn* men hold these views than youn* women" 0 study )y Cin(h & Munroe (200.) o& %ury deli)erations &ound# o $here is no (onsensus amon*st %urors on the meanin* o& 'ey terms used &or deli)eratin* whether a (ase (onstitutes rape" $hese terms are A&reedomB, A(apa(ityB and Areasona)lenessB" Mu(h is le&t in %ury deli)erations to interpretation and su)%e(tivity" >urors rely on :uestiona)le stereotypes in deli)erations to a&&ord lenien(y to the de&endant" o Some %urors )elieve a womanBs silen(e reasona)ly e:uates with se/ual (onsent, and that physi(al &or(e (and eviden(e o& &or(e) is a re:uisite o& rape" $he Sun Woman (2007) found four in five women believe rape would be ta en less seriousl! if the
victim was wearin" a short s irt# $he Sun 9oman (2007) found $%& of people thin the courts were failin" rape victims' while 81% felt societ!(s attitudes towards rape victims has deteriorated over the last ten !ears#

International In *eneral, se/ual violen(e has )een a ne*le(ted area o& resear(h (9H= 2002)"

1esear(h on the prevalen(e o& rape in 3uropean (ountries only e/ists &or nine (ountries (!elly and 1e*an, 2005)" $he resear(h &indin*s are not (onsistent, due in part to variations in samples, methods et( (1e*an and !elly, 200;)" <uropean research on prevalence (summarised in 1e*an and !elly, 200;)# *ountry 3n*land & 9ales (2000) Cinland (5II7) Germany (5III) Hun*ary (5III) Ireland (2002) 7atvia (5II?) 7ithuania (5III) 2etherlands (5II2) Sweden (2002) SwitLerland (5II<) ! (5II5) &revalence of rape=se.ual assault <"I@ o& women on at least one o((asion sin(e the a*e o& 5. 5I@ rape or attempted rape in previous relationships+ .@ in (urrent relations ?"2@ A&or(ed se/B+ 5;"?@ A&or(e or dru*sB+ 2,@ reported se/ual events that would (onstitute a (rime 50@ prevalen(e within domesti( violen(e ."<@ raped as adults ,"2@ in last &ive years (se/ual assault) 2.",@ se/ual a)use )y a stran*er a&ter 5.+ 5?"2@ )y a 'nown man+ 57@ attempted (oer(ed se/ 25@ Aunwanted se/B+ 7"<@ rape H within domesti( violen(e ;<@ se/ual violen(e sin(e 5, (no &i*ures &or rape spe(i&i(ally) 55".@ unwanted or &or(ed se/ within domesti( violen(e 2,@ have e/perien(ed rape or attempted rape

=ther International data on prevalen(e (summarised and availa)le online at www.cwasu.org) *ountry Canada Ghana &revalence 5 in ; women have e/perien(ed a se/ual assault (Statisti(s Canada, 5II;a) 5 in , (25@) o& women have )een raped and a similar proportion (5?@) reported that their &irst se/ual e/perien(e had )een &or(ed (Co'er60ppiah & Cusa(', 5III 5 in . (5.@) o& women have )een su)%e(ted to se/ual violen(e )y a &ormer hus)and-(o6ha)itant+ ;@ o& women have )een &or(ed into se/ual a(tivity )y a (urrent hus)and-(o6ha)itant+ 5 in < (2,@) women had )een su)%e(t to se/ual violen(e )y a man outside a relationship (7und*ren, Heimer, 9esterstrand & !allio'os'i (2002)

Sweden

International comparisons on attrition=conviction rates o 0 re(ent review o& 3uropean (ountry studies on rape &ound that every (ountry, e/(ept Germany, that provided data showed a de(line in the proportion o& prose(utions and (onvi(tions" In Germany, the proportion o& prose(utions and (onvi(tions has in(reased sin(e 5II7" (!elly and 1e*an, 2005+ 1e*an and !elly, 200;)" o Mu(h hi*her prose(ution rates than those in the ! were evident in a num)er o& (ountries (in(ludin* more than ,0@ o& reports in 0ustria and Denmar')" In Cinland, Germany, Hun*ary, and I(eland the ma%ority o& prose(utions &or rape resulted in (onvi(tions" (!elly and 1e*an, 2005+ 1e*an and !elly, 200;)" $he only 3uropean

(ountry with a lower (onvi(tion rate than the ! was Ireland (1e*an and !elly, 200;)" o 0 report issued )y the S Senate >udi(iary Committee in 5II; revealed the avera*e (onvi(tion rate in the S0 in 5II0 was 52@" 0 su)se:uent review has &ound the (onvi(tion rate to vary a(ross the S0, &rom 2",@ to 5I"I@ (!elly, 7ovett, and 1e*an, 200,)" References =&&i(e &or Criminal >usti(e 1e&orm (=C>1) (200.) AConvi(tin* 1apists and Prote(tin* 8i(tims H >usti(e &or 8i(tims o& 1ape" 0 (onsultation paperB" 0I ! (2007) M0vaila)le online at http#--www"amnesty"or*"u'-(ontent"aspN Cate*oryIDO50;0IP 4ritish Crime Survey 2005 M0vaila)le online at http#--www"homeo&&i(e"*ov"u'-rds-)(s5"htmlP Coleman, !", >ansson, !", !aiLa, P", and 1eed, 3" (2007) AHomi(ides, Cirearm =&&en(es and Intimate 8iolen(e 200,-200."B Home =&&i(e Statisti(al 4ulletin" 3nd 8iolen(e 0*ainst 9omen (ampai*n (3809) ICM survey (200.) M0vaila)le online at http#--www"amnesty"or*"u'-newsQdetails"aspN2ewsIDO575.,P 3nd 8iolen(e 0*ainst 9omen (3809) (2007) AHouse o& 7ords 4rie&in*# 0nonymity &or De&endants in 1ape Cases"B M0vaila)le to download at http#--www"endviolen(ea*ainstwomen"or*"u'P Cin(h, 3", and Munroe, 8"3" (200.) Crom So)riety to Stupe&a(tion# Into/i(ation & >ury De(ision6Ma'in* in 1ape $rialsB M13S600062260;2?P M0vaila)le online at www"esr(so(ietytoday"a("u'P HM Crown Prose(ution Servi(e Inspe(torate (HMCPS) and HM Inspe(torate o& Consta)ulary (HMIC) (2007)" A9ithout (onsent# 0 report on the %oint review o& the investi*ation and prose(ution o& rape o&&en(esB" ICM opinion poll (ommissioned )y 0mnesty International ! (200,) M0vaila)le to download at http#--www"amnesty"or*"u'-newsQdetails"aspN2ewsIDO5..5?P !elly, 7", 7ovett, >", and 1e*an, 7" (200,) A0 *ap or a (hasmN 0ttrition in reported rape (asesB" Child and 9omen 0)use Studies nit" Home =&&i(e 1esear(h Study 2I;" !elly, 7" and 1e*an, 7" (2005) A1ape# the &or*otten issueN 0 3uropean resear(h and networ'in* pro%e(t"B Child and 9omen 0)use Studies nit, niversity o& 2orth 7ondon" 1e*an, 7" and !elly, 7" (200;) A1ape# still a &or*otten issue"B Child and 9omen 0)use Studies nit, 7ondon Metropolitan niversity" Sun 9oman (2007), Mavaila)le online at http#--www"thesun"(o"u'-arti(le-0,,200.,<0007,00"htmlP 9H= (2002) M0vaila)le online at http#--www"who"int-violen(eQin%uryQprevention-violen(e-worldQreport-&a(tsheets-en-inde/"ht mlP

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