Conviction rates and political pressure

[dollopa]

Four years ago, the Director of Public Prosecutions said:

"Over the last year we have worked hard to increase the volume of rape cases referred by the police and charged by prosecutors and our latest figures are certainly encouraging," she said.

"But even though there have been slightly more defendants convicted, the steady increase in conviction rates we have seen in recent years has halted, and this must be addressed immediately.

"I am determined to ensure our long-term progress to tackle rape continues."

I don't think anyone could really argue against the pressing need for improvements. However, : miscarriages of justice can be a rather obvious consequence of applying pressure to secure conviction rates.

The intention, of course, should be improvements in two key areas: process, and attitudes.

The CPS is no different from any other area of public or private sector, however. If management apply pressure for results to be achieved, those 'on the ground' may not find the best routes toward meeting the goals that have been set.

What is now becoming clear is that pressure to secure convictions has led to cases being pursued beyond the point that they should have been. Several high profile cases have now hit the headlines where cases have collapsed. Beyond the effects that this has had on the lives of the individuals that have been involved, what other consequences does this have?

Alison Saunders was speaking about challenging the myths that surround the issue. High profile cases collapsing only serve to exaggerate the public's estimates of false rape claims, thus undermining efforts to have victims taken seriously.

It also suggests that campaigners would rather have one innocent man in jail than one guilty man walk free.

It may sound counter-intuitive for feminists to offer any criticism of a process that seeks to improve convictions rates for rape. However, I wonder if it is counter-productive if they do not.

www.independent.co.uk/news/uk/crime/oliver-mears-rape-case-surrey-police-cleared-lack-evidence-disclosure-oxford-university-student-a8168006.html

What campaigners are you talking about?

The CPS situation is not the fault of feminists, feminists didnt create it, and nothing feminists say will change it.

If you feel you need to speak out, do so, explain why, and invite people to join you.

Cases being halted due to new evidence coming to light is part of the judicial process and shows things are working properly. They aren't a miscarriage of justice.

I am more concerned about the 85000 women a year who report a rape but don't see any justice than the one hypothetical man who might be in prison for a crime he didn't commit.
I did a post a while back about changes to rape law that could be implemented, I will find it for you

The man would have to explain what he did to actively get consent, rather than the victim defend why she didnt consent.
We could get rid of the "reasonable belief of consent" clause as it actively works against the lack of capacity clause (e.g through drink or drugs).
We could introduce a crime like "reckless penetration" or "penetrating without due care and attention" for cases where it seems the man did very little to get consent but rape can't be proved.
The court case could be heard by a panel of expert judges rather than a jury. The trial could be inquisitorial rather than adversarial (so more like an inquest or enquiry). This would also allow a wider range of verdicts.
We could use more sexual offence prevention orders where offenders are assessed as posing a risk to women, even if found not guilty.
We could change bail guidelines so men aren't hanging round for ages waiting for a charging decision and so the impact on innocent men is minimised.