NCJ Number
146479
Journal
Women's Studies International Forum Volume: 16 Issue: 1 Dated: (1993) Pages: 11-36
Date Published
1993
Length
25 pages
Annotation
This article discusses the stumbling blocks to obtaining a rape conviction in the British courts and makes suggestions for needed reforms to a system that puts the victim on trial.
Abstract
Research for this article was based on the author's personal observation of 10 rape trials held at the Old Bailey, the Central Criminal Court in London, in 1989. A conviction for rape was obtained in only two of these trials. A review of the records for 52 additional cases revealed a higher acquittal rate than for any other crime. This paper documents the reasons that a conviction for rape is difficult in the British court system. In the British adversarial system, the defendant's and the complainant's version of the event are pitted against each other usually with the result that the victim is the one on trial. The author discusses and provides examples of the how the odds are against the victim. Prosecutors do not consult with, are often unsympathetic to, and fail to counter allegations made against the victim. Forensic evidence is misused and corroborating evidence is ignored. Amendments to the Sexual Offenses Act of 1976 were intended to prevent cross-examination of the victim about her previous sexual history but have failed to do so. Recommendations for changes in the laws and in the procedures and process of the court are offered. References are made to recent reforms that have been implemented in Canada and Western Australia.