CRIMINAL LAW SUPERVISION 9: SEXUAL OFFENCES AND

THE CRIMINAL PROCESS

READING
Module document: Rape and the criminal justice system (This
handout includes extracts from various sources; it is also available
on WebCT with links to the full text of some of those materials.)
FURTHER READING
(THIS IS NOT REQUIRED FOR THE SUPERVISION,
ALTHOUGH IT IS USEFUL TO DEEPEN YOUR
UNDERSTANDING OF THE COURSE)
J. Bourke Rape; a history from 1860 to the present day (2007;
Harding Law Library KH 19/B (short loan); see especially Chapter 2
Rape myths and Chapter 3 No means yes; the full text of Chapter
2 is available on WebCT)
The following two references are listed as Reading and Additional
reading respectively for section 2 of the lecture outline for this
part of the module:
K. Williams Textbook on criminology (5th ed. 2004; Chapter 4 The
extent of crime: a comparison of official and unofficial calculations;
Harding Law Library KH 60/W, short loan; the full text of this
chapter is available on WebCT.)
A. Ashworth & M. Redmayne The criminal process (3rd ed. 2005;
Chapter 6 Gatekeeping and diversion; Harding Law Library KH 5,
short loan; the full text of this chapter is available on WebCT.)
Additional sources of reading on the law of rape, but which do not
deal with the law enforcement, evidence / court procedure, and
sentencing elements of the syllabus:
A. Ashworth Principles of criminal law (5th ed., 2006) pp 337 352.
C.M.V. Clarkson et al. Clarkson and Keating Criminal Law (6th ed.,
2007) pp 625 659.
QUESTIONS
1(a) How many criminal offences are committed annually in
England and Wales? What are the limitations of the data that are
typically used as a basis for answers to that question?
(b) Answer the same questions with particular reference to
offences of rape.
2 Identify the significant changes to the definition of the offence of
rape that were made by the Sexual Offences Act 2003. Do they
represent an improvement on the former position?
3 Discuss the suggestion that much remains to be done to improve
the experience that rape victims may have of the criminal justice
system after they decide to report the offence to the police until the

verdict is given at any subsequent trial. If any reforms are needed,

can they be achieved without unfairly affecting the position of the
alleged offender?
4 Discuss the suggestion that victims of crime should be given
greater involvement at the sentencing stage of the criminal justice
system.