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| Version 2 | Version 3 |
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| Rape law 'should define consent' | Rape law 'should define consent' |
| (about 9 hours later) | |
| A definition of the term "consent" in rape cases should be placed on the statute book, a Scottish Law Commission report has recommended. | |
| Legal experts have agreed on a list of situations where consent cannot have been given, including when the victim is too heavily intoxicated. | Legal experts have agreed on a list of situations where consent cannot have been given, including when the victim is too heavily intoxicated. |
| The review, which was commissioned by the Scottish Government, also suggested that male rape be recognised by law. | The review, which was commissioned by the Scottish Government, also suggested that male rape be recognised by law. |
| The measures aim to improve conviction rates for the offence. | |
| The government, which plans to bring forward a parliamentary bill next year, has promised to carry out a consultation on the review's recommendations. | The government, which plans to bring forward a parliamentary bill next year, has promised to carry out a consultation on the review's recommendations. |
| CASES WHICH PROMPTED THE REVIEW OF RAPE LAW Rape tourist wins freedom appealJudge dismisses rape charge | CASES WHICH PROMPTED THE REVIEW OF RAPE LAW Rape tourist wins freedom appealJudge dismisses rape charge |
| Along with defining consent as a "free agreement", the commission has put forward a list of scenarios where permission has not been given. | Along with defining consent as a "free agreement", the commission has put forward a list of scenarios where permission has not been given. |
| It also proposed new offences of sexual assault and sexual coercion, but decided against dropping the need for corroboration in rape cases. | It also proposed new offences of sexual assault and sexual coercion, but decided against dropping the need for corroboration in rape cases. |
| The review follows claims that as few as one in eight victims actually report sex attacks, while recent figures show that 4% of alleged rapes which are reported to the police lead to a conviction. | |
| Professor Gerry Maher, the lead commissioner on the project, said there was no one explanation for the low conviction rate. | Professor Gerry Maher, the lead commissioner on the project, said there was no one explanation for the low conviction rate. |
| But he claimed that offering a legal definition of consent will help override the preconceptions of jurors. | But he claimed that offering a legal definition of consent will help override the preconceptions of jurors. |
| Conviction rates | Conviction rates |
| He added: "We hope that by the law setting out clearly what is and what is not consent, then a jury could not bring their own attitudes about consenting sexual behaviour to the decision making. | He added: "We hope that by the law setting out clearly what is and what is not consent, then a jury could not bring their own attitudes about consenting sexual behaviour to the decision making. |
| "They would have to apply the law as it will become. | "They would have to apply the law as it will become. |
| "If it is the case that one of the factors that explains conviction rates is social attitudes, then if you change social attitudes then clearly that would have an impact on conviction rates." | "If it is the case that one of the factors that explains conviction rates is social attitudes, then if you change social attitudes then clearly that would have an impact on conviction rates." |
| The "non-exhaustive" list put forward by the report defining when consent has not been given contains seven different situations. | The "non-exhaustive" list put forward by the report defining when consent has not been given contains seven different situations. |
| Today's report brings us a significant step closer to achieving what I hope will be widely-welcomed reforms to benefit both the victims of sexual crimes Kenny MacAskillJustice secretary | Today's report brings us a significant step closer to achieving what I hope will be widely-welcomed reforms to benefit both the victims of sexual crimes Kenny MacAskillJustice secretary |
| These include when a person is unconscious or asleep, when they agreed under threat of violence, are held captive or deceived about what is happening. | These include when a person is unconscious or asleep, when they agreed under threat of violence, are held captive or deceived about what is happening. |
| Permission is also not given when a person agrees because the accused impersonated someone known by the victim or when agreement was made by a third party. | Permission is also not given when a person agrees because the accused impersonated someone known by the victim or when agreement was made by a third party. |
| It also includes when a person has taken too much alcohol or drugs to be capable of consenting, unless permission was given earlier. | It also includes when a person has taken too much alcohol or drugs to be capable of consenting, unless permission was given earlier. |
| Prof Maher stressed the need for the law to recognise equally male and female victims of rape and sexual assault. | Prof Maher stressed the need for the law to recognise equally male and female victims of rape and sexual assault. |
| Justice Secretary Kenny MacAskill acknowledged there had been considerable public, professional and academic concern that the current law on rape was unsatisfactory. | Justice Secretary Kenny MacAskill acknowledged there had been considerable public, professional and academic concern that the current law on rape was unsatisfactory. |
| He said a consultation would be held on the commission's findings and that a bill would be brought forward by next May. | He said a consultation would be held on the commission's findings and that a bill would be brought forward by next May. |
| Mr MacAskill said: "Today's report brings us a significant step closer to achieving what I hope will be widely-welcomed reforms to benefit both the victims of sexual crimes - some of society's most vulnerable individuals - and society as a whole." | Mr MacAskill said: "Today's report brings us a significant step closer to achieving what I hope will be widely-welcomed reforms to benefit both the victims of sexual crimes - some of society's most vulnerable individuals - and society as a whole." |