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| Are rapists getting away with it? | Are rapists getting away with it? |
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| By Tom Geoghegan BBC News Magazine In 1980, one in three complaints of rape ended in a conviction. Today, it's one in 20. In Gloucestershire, which was named the worst-performing county last year, how did it get so bad? | |
| Rapists are escaping justice, many people are convinced. | Rapists are escaping justice, many people are convinced. |
| The number of convictions has risen a little, to 728 in 2005, but this has not kept up with the soaring rate of reported rapes. | The number of convictions has risen a little, to 728 in 2005, but this has not kept up with the soaring rate of reported rapes. |
| A report published on Wednesday accuses police and prosecutors of failing to build strong cases, and the government is considering further reforms to make the justice system more sensitive to the needs of victims. | A report published on Wednesday accuses police and prosecutors of failing to build strong cases, and the government is considering further reforms to make the justice system more sensitive to the needs of victims. |
| In Gloucestershire the problem is most acute. In Home Office figures published by the Fawcett Society, the county was bottom in England with a rape conviction rate of 0.86% of reported allegations. This compared with nearly 14% in Northamptonshire. | In Gloucestershire the problem is most acute. In Home Office figures published by the Fawcett Society, the county was bottom in England with a rape conviction rate of 0.86% of reported allegations. This compared with nearly 14% in Northamptonshire. |
| RAPE FIGURES About 80% of rapes never reportedOne-third those reported not recorded by policeA fifth of those recorded reaches trialHalf those tried result in conviction Rape prosecutions 'must improve' Of the 116 people accused in 2004, only one was convicted during that year. But Gloucestershire police point out that 10 of these investigations were ongoing and resulted in convictions the following year. | RAPE FIGURES About 80% of rapes never reportedOne-third those reported not recorded by policeA fifth of those recorded reaches trialHalf those tried result in conviction Rape prosecutions 'must improve' Of the 116 people accused in 2004, only one was convicted during that year. But Gloucestershire police point out that 10 of these investigations were ongoing and resulted in convictions the following year. |
| For the women told their evidence does not stand up - or that they are lying - the experience can be as traumatic as the rape itself, says Bee, who has worked at Rape Crisis Centre in Gloucester for more than 20 years. | For the women told their evidence does not stand up - or that they are lying - the experience can be as traumatic as the rape itself, says Bee, who has worked at Rape Crisis Centre in Gloucester for more than 20 years. |
| "Young women these days are quite sassy and have more of an idea that these things shouldn't happen to them. | "Young women these days are quite sassy and have more of an idea that these things shouldn't happen to them. |
| "The sad thing is that the whole system lets them down. They go to court confident that they're going to get this guy and the system can't come up with the goods. Then suddenly we're not dealing with the rape but the refusal of the system to give them justice." | "The sad thing is that the whole system lets them down. They go to court confident that they're going to get this guy and the system can't come up with the goods. Then suddenly we're not dealing with the rape but the refusal of the system to give them justice." |
| She believes the police in Gloucestershire have been trying hard to improve the situation by introducing measures to make rape easier to report, such as special interview suites. | She believes the police in Gloucestershire have been trying hard to improve the situation by introducing measures to make rape easier to report, such as special interview suites. |
| Memory gaps | Memory gaps |
| Ironically, the increase in complaints may have contributed to the fall in proportion of convictions. But there are deep-seated problems in the criminal justice system which mean people are getting away it, Bee says. | Ironically, the increase in complaints may have contributed to the fall in proportion of convictions. But there are deep-seated problems in the criminal justice system which mean people are getting away it, Bee says. |
| The police bring frivolous cases - most complaints are unwarranted Simon Hett, defence solicitor She would like more judges and prosecutors to be specially trained in sexual crimes, and expert witnesses to give evidence to explain the behaviour of complainants, which is something the government says it is considering. | The police bring frivolous cases - most complaints are unwarranted Simon Hett, defence solicitor She would like more judges and prosecutors to be specially trained in sexual crimes, and expert witnesses to give evidence to explain the behaviour of complainants, which is something the government says it is considering. |
| "The response of victims is the very thing that stops the cases from getting convictions, such as they didn't go to the police straightaway, they couldn't remember what happened. | "The response of victims is the very thing that stops the cases from getting convictions, such as they didn't go to the police straightaway, they couldn't remember what happened. |
| "They have gaps in their memory and say contradictory things. They remember things later. There's no little women sobbing in court. They're detached." | "They have gaps in their memory and say contradictory things. They remember things later. There's no little women sobbing in court. They're detached." |
| Bee would also like the public, including juries and police, to be better educated about how widespread rape is and how "normal" rapists can appear to be. | Bee would also like the public, including juries and police, to be better educated about how widespread rape is and how "normal" rapists can appear to be. |
| But it is the police who are partly to blame, says defence solicitor Simon Hett, based in Cheltenham. | But it is the police who are partly to blame, says defence solicitor Simon Hett, based in Cheltenham. |
| RECENT RAPE REFORMS Complainants can give pre-recordedevidenceDefinition of consent has changedDefendant's bad character can be usedDefendants cannot cross-examine complainants£7m on new referral centres "I've found the evidence brought by complainants is unsatisfactory. And the police choose to levy the charges at too high a level. I'm not unsympathetic but I've seen a vast majority of cases which should not have been brought. It's got to be proven beyond reasonable doubt." | RECENT RAPE REFORMS Complainants can give pre-recordedevidenceDefinition of consent has changedDefendant's bad character can be usedDefendants cannot cross-examine complainants£7m on new referral centres "I've found the evidence brought by complainants is unsatisfactory. And the police choose to levy the charges at too high a level. I'm not unsympathetic but I've seen a vast majority of cases which should not have been brought. It's got to be proven beyond reasonable doubt." |
| Mr Hett does not believe rapists are being acquitted, only that juries are identifying flimsy accusations. As an example, he highlights a recent case where a woman accused her husband of rape, five days after they had sex. | Mr Hett does not believe rapists are being acquitted, only that juries are identifying flimsy accusations. As an example, he highlights a recent case where a woman accused her husband of rape, five days after they had sex. |
| "He said, 'we had sex and she's my wife. I didn't force her.' He faced four counts and it was dropped a day before the trial. It goes to show that police bring frivolous cases. Most complaints are unwarranted." | "He said, 'we had sex and she's my wife. I didn't force her.' He faced four counts and it was dropped a day before the trial. It goes to show that police bring frivolous cases. Most complaints are unwarranted." |
| He does not believe there should be any changes to the law because it is already "too easy" for serious complaints to be made. But he says he works on cases all around the country and cannot see the system in Gloucestershire being any worse than elsewhere. | He does not believe there should be any changes to the law because it is already "too easy" for serious complaints to be made. But he says he works on cases all around the country and cannot see the system in Gloucestershire being any worse than elsewhere. |
| Binge drinking | Binge drinking |
| Gloucestershire police say they work closely with the CPS throughout the investigation and every allegation is investigated by sexual offence trained investigators working to national standards. A spokeswoman adds that the fall in convictions may be down to changes in the way statistics are compiled. | Gloucestershire police say they work closely with the CPS throughout the investigation and every allegation is investigated by sexual offence trained investigators working to national standards. A spokeswoman adds that the fall in convictions may be down to changes in the way statistics are compiled. |
| And there has been real progress in bringing sexual offenders to justice, says Adrian Foster, chief Crown prosecutor for Gloucestershire, with a conviction rate of 75% for all sexual offences in 2006. | And there has been real progress in bringing sexual offenders to justice, says Adrian Foster, chief Crown prosecutor for Gloucestershire, with a conviction rate of 75% for all sexual offences in 2006. |
| Binging raises personal safety issuesSome commentators believe the increase in alcohol consumption among women in the past 20 years has made it harder for juries to believe victims did not consent. And a rise in accusations made against acquaintances has increased the focus on consent, which is difficult to assess. | Binging raises personal safety issuesSome commentators believe the increase in alcohol consumption among women in the past 20 years has made it harder for juries to believe victims did not consent. And a rise in accusations made against acquaintances has increased the focus on consent, which is difficult to assess. |
| Dr Katherine Rake, director of the Fawcett Society, says police and prosecutors' attitudes towards victims need to be more sensitive. | Dr Katherine Rake, director of the Fawcett Society, says police and prosecutors' attitudes towards victims need to be more sensitive. |
| More fundamentally, the public debate about rape has to move away from presenting violence against women as acceptable, and victims of rape as blamed or disbelieved, she says. | More fundamentally, the public debate about rape has to move away from presenting violence against women as acceptable, and victims of rape as blamed or disbelieved, she says. |
| Among the many women too afraid to go to police, many do contact charities like Rape Crisis Centre. Bee estimates they deal with nine times as many cases as the police. | Among the many women too afraid to go to police, many do contact charities like Rape Crisis Centre. Bee estimates they deal with nine times as many cases as the police. |
| There is hope on the way for rape victims in Gloucestershire. A Sexual Assault Referral Centre is due to open in Gloucester in 2008 and this "one-stop" location for victims will enable them to report a rape without pressing charges or giving their name. Then they can think about the consequences of legal action while the police collect evidence. | There is hope on the way for rape victims in Gloucestershire. A Sexual Assault Referral Centre is due to open in Gloucester in 2008 and this "one-stop" location for victims will enable them to report a rape without pressing charges or giving their name. Then they can think about the consequences of legal action while the police collect evidence. |
| Bee believes it will make little difference unless public attitudes change. "I can tell you that [this centre] might get us up to the average of 5% and that's still nothing." | Bee believes it will make little difference unless public attitudes change. "I can tell you that [this centre] might get us up to the average of 5% and that's still nothing." |
Add your comments on this story, using the form below. | Add your comments on this story, using the form below. |