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Feminism: Sex and gender discussions

Lack of convictions for RAPE...I really want to do something about this, if possible

142 replies

InmaculadaConcepcion · 03/03/2011 12:57

Having just read about the DM story concerning the man acquitted of rape because he was "too drunk" and the subsequent horrendous account of a poster's own failed attempt to get justice for her rape on the same thread I am spitting with rage.

I want to do something positive. I have a baby daughter and I don't think I can be comfortable with myself if I don't make some attempt to fight for justice for rape victims and send out a message that RAPE IS A SERIOUS CRIME AND SHOULD BE TREATED AS SUCH.

I have two thoughts so far about this:

  1. Set up a campaigning blog reproducing press accounts of rape cases and (where no press reports exist) publishing rape survivors' own accounts.

and

  1. Set up a charity specifically to raise funds to assist rape survivors to pursue civil cases against their attackers.

These are just kernels of ideas at the moment, but I would welcome any suggestions about how I could make this work.

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LeninGrad · 03/03/2011 17:22

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Prolesworth · 03/03/2011 17:23

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InmaculadaConcepcion · 03/03/2011 17:49

Yes - so maybe a campaign would focus on:

procedural change in rape cases

and/or

further changes to the law regarding how rape survivors are questioned in court and what is/isn't admissible evidence....

and anything else you think that - realistically - we could garner support among the judiciary/legal profession, politicians, other campaign groups etc. etc...

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garlicbutter · 03/03/2011 18:42

When a jury can't be expected to know how to evaluate a crime - in complicated fraud cases, for example - they are given specialist advice and both parties' legal teams are expected to provide explanations. If this doesn't happen in rape cases, perhaps IC's new campaign could press for it. Heightened public awareness would obviously help juries to overcome any harmful assumptions, but both approaches combined could make a difference.

Going back to the civil courts question, if the burden of proof is lesser then the accused could certainly counter-sue.

Unrulysun · 03/03/2011 18:55

I have been thinking exactly the same thing. I wonder whether we might use the level of meeja interest in MN in some way? Apart from aspects of LGBG do MN do anything re women/violence?

I do 'education'. That might be another prong? A schools campaign with boys and girls re rape myths and re girls' rights over their own bodies?

Unrulysun · 03/03/2011 18:59

I think we should remember Margaret Mead here too. You know:

Never underestimate the ability of a small group of committed individuals to change the world. Indeed it is the only thing that ever has. (iirc)

dittany · 03/03/2011 19:01

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InmaculadaConcepcion · 03/03/2011 20:23

Thanks for the links, dittany.

Yes, both websites seem to be a few years out of date - although the TAR one has a ticker saying it's in the process of creating a new one.

Rape Crisis has a good Myth/Fact list here

I like the Scottish thisisnotaninvitationtorapeme site, too. Very well presented.

Any more links to current campaigns etc. are very welcome if you know of more!

I've yet to see one which is collecting reports of dubious rape acquittals, which is what I first had in mind. Bearing in mind copyright etc., I was thinking about paraphrasing the article/s and crediting the writer and/or newspaper and including a link so those interested can read the full report if they wish.

Yes, the civil cases fund idea needs a lot of thought plus expert input. And I can see problems with raising sufficient money.
But heck, that doesn't mean the idea should be dropped, I still think it's got possibilities. But the logistics may be tough.

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InmaculadaConcepcion · 03/03/2011 20:28

WRT to procedural change, ideas as to what to push for would be good here.

For example, the idea of expert guidance being offered to juries etc. is a good one (cheers garlic)

Or would it be worth investigating the idea of rape cases being heard by a small panel (say, three) of experienced (and enlightened, one would hope) judges or somesuch?

If we could come up with a few well-reasoned suggestions, we could start lobbying. I'm reasonably confident I could start the ball rolling with a few MPs I've had dealings with if the ideas were within the realms of workability...

The education idea is great, Unruly.

And harnessing the power of MN - why not?

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Youllskimmer · 03/03/2011 20:37

It would never happen but as so few rapes are made up so most men must be guilty, so for say a year every accusation of rape is 100% believed and the accused found guilty by default and jailed.

Then rapists will know they'll be jailed and all men will make sure they have consent.

LeninGrad · 03/03/2011 20:47

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LeninGrad · 03/03/2011 20:51

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Youllskimmer · 03/03/2011 20:54

The conviction rate if the case goes to court is 58%.
I don't think judges etc are the main problem.

More cases need to go to court.

InmaculadaConcepcion · 03/03/2011 20:57

Yes, I suspect you're right about trial by jury, Lenin. Unfortunately. It's where culturally ingrained misconceptions and misogyny are deeply lodged and exactly what the defence barristers pander to.

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InmaculadaConcepcion · 03/03/2011 21:00

Fair point, Youll. But it's the treatment in court of the complainant that puts so many women off from even reporting a rape, let alone pursuing justice through the courts.

That and (I suspect) the CPS' reluctance to prosecute in many cases.
(I don't have evidence for that, so am willing to stand corrected if necessary)

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SardineQueen · 03/03/2011 21:00

I think that judges on rape trials are supposed to give guidance to juries IRO rape myths these days.

I agree with skimmer that the police and CPS are the problem? One of the comments somewhere said that inexperienced prosecutors were often given rape cases and would be torn apart by defence. Maybe it would be an idea to push for a specialist prosecution section in the CPS?

SardineQueen · 03/03/2011 21:01

Mind you with the cuts that's not going to happen.

scurryfunge · 03/03/2011 21:02

CPS are supposed to have a specialist sex offences lawyer already.

SardineQueen · 03/03/2011 21:07

Hmmmmmm

Confused

Mind you the sapphire unit turned away some of warboys victims apparently.

Is it all lipservice?

Prolesworth · 03/03/2011 21:10

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LeninGrad · 03/03/2011 21:27

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Unrulysun · 03/03/2011 21:29

I think we could start an active current group/charity and do things on several fronts. Realistically we need legal advice re whyrapes don't result in convictions/useful sentences - lawyers police etc are better placed than we are to form workable strategies to combat this. I think education is important. But I also think things like Plan B on the Brits, the Hollyoaks rape story need coverage. Didn't Eastenders just have to change a storyline because of a campaign? Public opinion is where it's at.

LeninGrad · 03/03/2011 21:31

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Prolesworth · 03/03/2011 21:42

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LeninGrad · 03/03/2011 21:44

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