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Rape prosecutions 'must improve' Rape prosecutions 'must improve'
(about 2 hours later)
Police and prosecutors are failing to implement measures to boost the rape conviction rate, watchdogs have warned.Police and prosecutors are failing to implement measures to boost the rape conviction rate, watchdogs have warned.
The police and the Crown Prosecution Service watchdogs said more effort should be made to build stronger cases.The police and the Crown Prosecution Service watchdogs said more effort should be made to build stronger cases.
Their report says too many rape claims are wrongly dismissed as unfounded, and some cases are dropped prematurely. Their report says too many rape claims in England and Wales are wrongly dismissed as unfounded.
Only 5% of reported rapes results in a conviction. The director of public prosecutions says he is "determined" to improve the way rape cases are handled. Only 5% of reported rapes end in a conviction. The director of public prosecutions says he is "determined" to improve the way rape cases are handled.
'Bad character' 'No advice'
The 175-page study was written by Her Majesty's Inspectorate of Constabulary (HMIC) and Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI). Constitutional Affairs Minister Mike O'Brien said the government was considering a change in the law in an effort to raise the number of convictions.
We must make sure that we do what we are supposed to do when handling these cases Director of Public Prosecutions Sir Ken Macdonald FURTHER FINDINGS Scale of false allegations over-estimatedSubjective judgements made about victims' credibilityCPS has no criteria for specialist rape prosecutorsDetection rates vary between 22% and 93% for different police forces Inconsistency over the way forensic doctors examine victimsLack of training for frontline officersAuthorities must challenge claims of consent "more vigorously"Police and prosecutors should make better use of evidence showing defendant's "bad character"
Police wrongly recorded rape allegations as "no crimes" in nearly a third of cases, the report said. He said: "Most people who are victims of rape know their perpetrator and the issue is therefore consent. What we need to do is make sure that the issue of consent goes before a jury."
It said the scale of false allegations was being over-estimated, and subjective judgments were being made about victim credibility. The 175-page study of 752 reported rapes in 2005 was written by Her Majesty's Inspectorate of Constabulary (HMIC) and Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI).
The document recommends that police and prosecutors in England and Wales make better use of evidence which shows a defendant's previous "bad character". Police wrongly recorded rape allegations as "no crimes" in nearly a third of cases, it found.
There were also concerns that the Crown Prosecution Service (CPS) has no criteria for its specialist rape prosecutors, and that decisions to take no further action were made "prematurely" in a number of cases. Her Majesty's Assistant Inspector of Constabulary Huw Jones, one of the report's authors, said the conviction rate could be raised by "better equipping" witnesses in order to get the best evidence "right at the start".
Detection rates One rape victim, Susan (not her real name), told the BBC she had an abortion after she was raped but her attacker was only convicted of assault. She said she was let down by prosecutors.
One woman who had her case dismissed by a judge is "Catherine" (not her real name). "You don't get any kind of legal representation or advice. I just felt in the dark as to what was happening and what I could do," she said.
She told Radio Five Live: "They wanted me to describe the exact moment that I fell asleep and obviously that's not a moment that you can always specify. READ THE FINDINGS class="" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/31_01_07_rape.pdf">Rape report: A gap or a chasm? [632 KB] Most computers will open this document automatically, but you may need Adobe Reader href="http://www.adobe.com/products/acrobat/readstep2.html">Download the reader here
"The judge actually suggested to me, 'Well, if you can't remember what happened during that time, then surely during that time you could have consented to sex with this man?'" Deputy Assistant Commissioner John Yates, of the Association of Chief Police Officers, said that in more than 85% of reported rapes the victim was known to the suspect but that these were the most difficult cases to prove.
Stephen Wooller - chief inspector of the CPS - said: "What has really got to happen now is a period of ensuring that what should be done is actually being done in practice." "These are the cases that take place often behind closed doors where there are no other witnesses, where the forensic evidence is of limited value due to the consent issues," he said.
The report also argues authorities need to challenge the defendants' claims of consent "more vigorously".
And fears are expressed over high levels of variation in the detection rate in different police forces, from 22% to 93%.
Other concerns include inconsistency over the way forensic doctors examine victims, a lack of training for frontline officers, variable use of "early evidence kits" by police and poor management of rotas for specialist officers.
Some 752 reported rapes in 2005 were reviewed by inspectors.
'Determined'
Dr Katherine Rake, director of equality campaign group the Fawcett Society, said "wholesale reform" was needed.
"Responses to allegations of rape need to improve all over the country so that women receive the help and support that they need at a time of crisis," she said.
Director of Public Prosecutions Sir Ken Macdonald said: "I am determined to improve the way we deal with these cases from start to finish.Director of Public Prosecutions Sir Ken Macdonald said: "I am determined to improve the way we deal with these cases from start to finish.
"We must make sure that we do what we are supposed to do when handling these cases.""We must make sure that we do what we are supposed to do when handling these cases."
But Deputy Assistant Commissioner John Yates, of the Association of Chief Police Officers, said the problem was that in over 85% of cases the victim was known to the suspect.
He said: "Those are the most challenging cases to prove.
"These are the cases that take place often behind closed doors where there are no other witnesses, where the forensic evidence is of limited value due to the consent issues."
Have you been a victim of rape? Do you work in the police or prosecution services? How can rape investigations be improved?Have you been a victim of rape? Do you work in the police or prosecution services? How can rape investigations be improved?
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