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Judges will tell juries to ignore 'rape myths'
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15 June 2009
The new directions are being promoted by the Government to improve the conviction rate for the crime. Currently only 6.5 per cent of rapes reported to the police lead to a conviction.
Defence lawyers are accused of using a series of "rape myths" to improve the chances of clients being cleared. Such myths include claims that:
A genuine victim will report rape at once: in fact trauma can lead to a delay in going to police.
False allegations of rape are common: there is no evidence false allegations are any more common in rape than other serious crimes.
Most rapes are committed by strangers: actually most rapists are known to their victims.
Genuine rape victims will put up a struggle and show signs of injury: many women freeze when attacked.
Women who flirt are "asking for it": juries will be told that if a man flashes his wallet in a pub and then has it stolen, the man who steals it is no less a thief.
The draft judicial directions are with the Judicial Studies Board, the organisation in charge of training judges.
Peter Lodder QC, chairman of the Criminal Bar Association, said: "Moves to increase the effectiveness of prosecutions in rape cases are to be welcomed.
"But any initiative to make sure that all rape allegations are tried - and tried effectively - must be counter-balanced by ensuring that a fair trial for a defendant is not undermined."
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