With the Christmas party season upon us changes in the law that were supposed to make it easier to convict men of rape might not result in more convictions in cases in which the woman was drunk, according to new research funded by the Economic and Social Research Council.
Under the current law in England and Wales, rape can only be established if it can be demonstrated that sexual intercourse took place to which there was no consent and that the defendant lacked a reasonable belief that such consent had been given. The 2003 Sexual Offences Act changed the criteria for the defendant believing he had consent from being a view he 'honestly' held to one that was 'reasonable' for him to hold - this was intended to ensure that defendants were held to a higher level of responsibility.
However, researchers have found that jurors often took the view that it was 'reasonable' for a man to assume that silence represented sexual consent, even if the silence was due to the fact that the woman was totally intoxicated.
Because it is unlawful to conduct research with real juries, researchers, Emily Finch and Vanessa Munro, used trial and jury room simulations to find out how the legislation was working.
Their other main findings were:
Vanessa Munro of King's College London, commenting on the findings said:
"These findings reflect the hold that gender stereotypes still have. They suggest that 'rape myths' can have a profound influence upon jurors. In cases in which the evidence suggests clear links between excessive alcohol consumption and sexual assault, these findings suggest that more needs to be done at both legal level and in society as a whole, to secure justice for victims of rape."
FOR FURTHER INFORMATION, CONTACT: Dr Vanessa Munro on 0207 848 1841/0207 848 2823 email: vanessa.munro@kcl.ac.uk or Dr Emily Finch on 0773 945 9877
ESRC Press Office
Alexandra Saxon Tel: 01793 413032, e-mail: alexandra.saxon@esrc.ac.uk
NOTES FOR EDITORS: