Why is the conviction level for rape so low?

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“Last year around 6.5% of alleged rapes led to conviction. Why is the conviction level for rape so low?”

The question this essay addresses is the difficulty, in convicting rapists and understanding why the conviction level for rape is so low. Proving a rape happened is easier said than done, there are many factors that are critical to contributing to a conviction. Why is the conviction level for rape as low as 6.5%? To comprehend the underlying levels of conviction there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having an non-custodial sentence or being acquitted of a rape charge.

In the first paragraph, I will explain what constitutes rape and the variations of relationships in which rape is committed. The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders. The 2003 Act also changes the law about consent and belief in consent. Convicting a person of rape is defined under the Sexual Offences Act 2003 s1, it is as follows; “A person (A) commits an offence if: he intentionally penetrates the vagina, anus or mouth of another person with his penis, if person (B) doe...

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...sequently arrested and charged with unlawful sex .At the trial, the judge was disparaging of the girl’s position, describing her as ‘a willing participant’ at 12 years of age, ignoring the fact that if the defendant had committed the offence after May 2003 when the new Sexual Offences Act came into force, he would be liable for an immediate charge of raping a child under 13.The defendant was given a two-year conditional discharge, was made to sign the Sex Offenders Register and escaped prison. This case study is evidential that young girls are much more aware of their sexuality and their consent. Many young girls participate in weekend socialising, drinking and using drugs with men, who consequently believe these girls are at the legal age of consenting in both sexual intercourse and drinking alcohol, only when do these young girls go too far is when rape is cried.

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