Legal News

WaPo: Why the Low Rate of Rape Convictions Across the Pond?

By Ashby Jones

The Washington Post today has a provocative (and lengthy) piece on the low rate of successful rape prosecutions in Britain. According to the story, which cites government figures, only 5.7 percent of rape prosecutions in Britain end in convictions. Some 14,000 cases a year are reported and 19 out of 20 defendants walk free. In comparison, according to the story, about 25 percent of reports of assault and 75 percent of homicides lead to someone being found guilty. In the U.S., 13 percent of rapes end in convictions.

Why the low rates in Britain? John Yates, the assistant commissioner of the London Metropolitan Police, conceded that the police had to do better. But he also blamed the inherent difficulty in building strong cases. Rape cases are particularly challenging, he said, because women often delay reporting, there are no eyewitnesses and alcohol blurs the victim’s recollection of details.

Kerim Fuad, a barrister who has defended more than 100 men accused of rape, said most of the time the defendant and the accuser know each other and the jury must simply decide who is more credible. A woman always has a right to say no, he said, but when she goes into a man’s bedroom late at night after they have both been drinking, juries may have a hard time voting to send a man to prison.

But according to some, the justice system is inclined not to believe the stories of women who come forward. A 2005 report commissioned by the police found a “culture of skepticism” in the justice system when it came to rape cases. Several told the WaPo that sex crimes run up against a persistent societal bias — pronounced in the male-dominated police and judicial system — that women have only themselves to blame. Public opinion polls show that a sizable proportion — a quarter to a third — of Britons say a rape victim is responsible for the attack if she is drunk or wearing “sexy” clothes.

As many as one in two young men believe there are some circumstances when it’s okay to force a woman to have sex,” said Conservative Party leader David Cameron, citing studies. “In my mind,” he said, “this is an example of moral collapse.”

Full post as published by Law Blog - WSJ.com on May 29, 2008 (boomark / email).