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Rape trial change to help victims Video statements for rape trials
(about 3 hours later)
Juries in rape trials are to be given information about the way an attack can affect a victim's behaviour - in an attempt to increase conviction rates. Video recordings of statements made to police by alleged rape victims can now be used as their main evidence in court, the government has announced.
Complaints of rape will also be automatically admissible to the court, regardless of how long after an alleged attack they are made.
And an expert panel will be set up to tackle "myths" about rape that may affect decisions made by jurors.
Only 5.7% of reported rapes in England and Wales currently end in conviction.Only 5.7% of reported rapes in England and Wales currently end in conviction.
One common problem is a victim is doubted when a jury cannot understand why she did not attempt to escape the attack or took some time to report it. Announcing the new measures, Solicitor General Vera Baird said that only 15% of rapes were reported.
The move to explain such reactions is among measures announced by Solicitor General Vera Baird QC. Of that 15%, 5.7% ended in conviction - a figure which is up from 5.2% in 2005.
To tackle jurors' scepticism, the government wants them to be told it is normal for people not to scream or go straight to the police afterwards - and it does not mean they are lying. We think it's part of one of the myths about rape that it's such a traumatic thing that you will come out and complain about it straight away Solicitor General Vera Baird
Bringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling Sally O'Neill, Criminal Bar Association chair She told a press conference the government was giving "every rape complainant the opportunity to have their final statement videoed and automatically admitted at court".
"This will reduce the amount of time she will have to spend reliving her ordeal in court," Ms Baird added.
The new option would be a "special measure" - meaning alleged victims could still give their evidence-in-chief in court, she added.
But victims would still have to attend court for cross-examination.
'Myths' addressed
Ms Baird said evidence admissibility rules are to be changed to enable victim statements to be shown to a jury regardless of how long after the attack the complaint to police was made.Ms Baird said evidence admissibility rules are to be changed to enable victim statements to be shown to a jury regardless of how long after the attack the complaint to police was made.
"We think it's part of one of the myths about rape that it's such a traumatic thing that you will come out and complain about it straight away," Ms Baird said. "It can take a long time to get up and talk about something so intimate and undermining." "We think it's part of one of the myths about rape that it's such a traumatic thing that you will come out and complain about it straight away," Ms Baird said.
Historically, a complaint about a rape made quickly have been admitted in court, but complaints made "further away" have not been admissible in the court, she said. "It can take a long time to get up and talk about something so intimate and undermining."
BBC home affairs correspondent Danny Shaw said there had been a "long, long process of consultation" over plans to inform jury members of psychological reactions to forms of abuse. There are people in positions in the criminal justice system who are supposed to be protecting us, there are people in power stopping cases getting through and blocking changes being made Ruth HallWomen Against Rape
The next step was for a group of judges, doctors and academics to determine exactly what information should be given in rape trials and how it can be delivered. A panel of experts would address such myths and then decide the best way to make jurors aware of them, Ms Baird announced.
Options considered include providing an information sheet for jurors or giving them information delivered in person by a judge. The three new measures follow a consultation with experts on the crime.
'Enlightenment' Capacity issue
Jennifer Temkin, professor of law at Sussex University, said there were so many misconceptions about rape, it would be an improvement to bring "a bit of knowledge and enlightenment" to the courtroom. Also considered in the consultation was whether there was a need to make the law on rape cases clear where an allegation is made after heavy drinking.
"We have to do something to make clear some of these myths about rape are simply not true," she told BBC Radio4's Today programme. But, since the consultation was carried out, three Court of Appeal judges have clarified the issue.
Sally O'Neill, chair of the Criminal Bar Association, said in some cases it was better for the judge to deal with any misconceptions by directing the jury rather than with fact sheets. In March, they said someone who consumed "substantial" quantities of alcohol could still be capable of consenting to sex.
"Bringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling," she said. But they said that, if a complainant lost the capacity to consent, then that would amount to rape.
Another measure, which has already been approved, will enable prosecutors to use a victim's videotaped police statement or interview as their main evidence at the trial in order to spare them the ordeal of court appearances. Ruth Hall, from the support group Women Against Rape, welcomed the new moves but said sexism was the real barrier to more prosecutions.
'Too drunk' "There are people in positions in the criminal justice system who are supposed to be protecting us, there are people in power stopping cases getting through and blocking changes being made," she said.
In eight out of 10 rape cases, victim and suspect are known to each other. "The sexism runs very deep - it won't be changed until a few have to actually be sacked or disciplined so the others know it now is being taken seriously."
It is thought that about 80% of rapes are never reported, and about a third of those reported are not recorded by the police. Two weeks ago, Conservative leader David Cameron called for tougher sentences for rapists, saying too many men "think they can get away with it".
One victim, who did not want to be identified, was attacked a year ago but her case never made it to court.
They seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out Rape victim
She says the fact she had been drinking and had blacked out made it hard for the police to accept her allegations and one officer implied that she had consented to sex.
"They seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out."
She said that after the police found her attacker and questioned him, a policewoman told her "Frankly I don't think you were raped at all. I think that you know you had too much to drink".
Two weeks ago Conservative leader David Cameron called for tougher sentences for rapists, saying too many men "think they can get away with it".


What do you think about these reforms? Will this new information help or hinder the juries' decision? Please contact us if any of the issues in this story affect you. What do you think about these reforms? Will these measures help to increase the conviction rate?
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