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Feminism: Sex and gender discussions

Conviction rates have doubled for rape in the last year ....

56 replies

Chocladoodle · 19/02/2012 16:08

New legislation has been in place in Scotland for over a year now and the conviction rate for rapes has doubled. This is got to be a great step in the right direction - but why isn't this information more publically known. Do the offenders/future offenders even know that the boundaries on the classifications of sexual assaults and rapes have moved dramtically. And if they did know, wouldn't this in turn perhaps prevent a number of these incidents from happening in the first place ie in regards to defences over consent and the victim being too drunk to grant it. I think it is great that the law has changed but I also think the public should be made more aware of it. Have the laws changed in other countries in Britain also in line with the Scottish Laws.

OP posts:
Chocladoodle · 19/02/2012 17:16

TBE - yes I agree that it is a small sample size in comparison to the 'old' charges. Taking away the need for corroborative evidence will also improve things - looks a postive way forward in my view.

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TBE · 19/02/2012 17:10

This reply has been deleted

Message withdrawn at poster's request.

Chocladoodle · 19/02/2012 16:54

young mother - your first article is focusing on the Cadder ruling, which had a major impact on all crimes going to Court. Something groundbreaking like that cannot be accounted for. Where once an accused person whilst being interviewed by the police admits to the crime and this could be used in the case against them, thereafter the Cadder ruling comes in and wipes all this evidence out. You can't account for that sort of change in the law. I haven't read your second link yet, but I will. So don't you think broadening the definition is a great thing?

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Chocladoodle · 19/02/2012 16:47

With the old Common Law crime of Rape it was very narrow and specifc eg the penetration of the vagina by a penis - it now includes the penetration of the vagina, anus and mouth. It is also not now only female's that can be raped. The crime of rape now exists equally if the victim is male. Previoulsy if penetration of the mouth/anus would constitute a charge of a lesser sexual assault therefore a lower sentence.

But the biggest change which I think would alter the number of victims reporting the crime in the first place is the aspect of consent.
It could previously be argued by the offender that the victim had given their consent prior to act but because they were affected by drink or drugs they were unable to recall. However, now, free consent has to be given and the excuse that the victim is so drunk is no longer accepted. The act of having sex with a person who is so drunk and unable to consent or not is now acknowledged as having NO consent. Therefore commiting the act of rape.

I just think this should be better communicated to the public and would hopefully reduce the number of incidents that occur (ie it is no longer an argument of one person against the other over whether or not consent was given) and encourage more victims to report these incidents.

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youngermother1 · 19/02/2012 16:39

Not sure it is good news - this and this suggest that the rate increases is based on only 13 court cases, less than 15% of the total and overall convictions and prosecutions are down.

CailinDana · 19/02/2012 16:35

Can you explain a bit about the new legislation?