Legal News

Tougher rules for investigating rape cases include men accused of rape having to prove that their victim agreed to having sexual activity with them.

The Telegraph reports that the new guidance is to be issued to police forces across the country as apart of a “toolkit” for investigating rape.

Men accused of date rape will have to prove a woman consented to sex with them, in recognition of certain situations where women may not be able to give consent.

Director of Public Prosecutions Alison Saunders said that victims of rape should not be “blamed” for being too drunk or intoxicated to give their consent to sex – or are too scared and simply “freeze” if they are attacked and raped.

The new guidelines on rape now place greater onus of consent on the man and rape suspects, to prove how a complainant had consented to sex “with full capacity and freedom to do so”.

Ms Saunders was speaking at the first National Crown Prosecution Service/Police Conference on Rape Investigations and Prosecutions in London and said:

“For too long society has blamed rape victims for confusing the issue of consent – by drinking or dressing provocatively for example; but it is not they who are confused, it is society itself and we must challenge that.

“Consent to sexual activity is not a grey area – in law it is clearly defined and must be given fully and freely.

“It is not a crime to drink – but it is a crime for a rapist to target someone who is no longer capable of consenting to sex through drink.

“These tools take us well beyond the old saying 'no means no' – it is now well established that many rape victims freeze rather than fight as a protective and coping mechanism.

“We want police and prosecutors to make sure they ask in every case where consent is the issue – how did the suspect know the complainant was saying ‘yes’ and doing so freely and knowingly?”

The new police guidelines on rape investigations will also cover domestic violence situations, in which a rape survivor may be financially dependent on the alleged abuser.

Ms Saunders added that the ability to consent to sex should also be questioned in cases involving a complainant with mental health problems, learning difficulties – or who was asleep or unconscious at the time of the alleged rape.

It is estimated that 85,000 women are victims of rape in the UK every year – and 90% of these knew their attacker.

Just 15,670 women report rape to the police, every year, however – and there are only 1,070 convictions out of the 2,910 cases which go to court.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers can advise at any stage of a charge involving sexual offences such as rape, domestic violence, sexual assault, making, distributing or downloading indecent images, revenge porn and charges relating to child abuse and child sexual exploitation.

Duncan Lewis crime lawyers regularly visit police stations and courts to advise on rape charges – and in London and the southeast there are six Duncan Lewis offices so a criminal defence lawyer can be with you within an hour.

For expert legal advice on criminal charges, including rape, call Duncan Lewis crime lawyers on 020 7923 4020 – or for out-of-hours advice call the Duncan Lewis Crime Lawyers Hotline on 07920 077054.

For confidential legal help with tackling domestic violence, call the Duncan Lewis Domestic Violence Solicitors Helpline on 07920 077054.