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Prosecutors told to fight 'asking for it' rape myths
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18 March 2009
Guidelines issued today by the Crown Prosecution Service tell its lawyers to "robustly challenge" any suggestion that a woman who dresses provocatively has contributed to a rape attack.
Other myths on the list include the notion that a victim who had consumed alcohol or drugs was "asking to be raped", as well as any claim that an absence of injuries means that a crime could not have been committed.
The guidance follows the Met's failure to bring London black cab rapist John Warboys to justice sooner despite a string of complaints from victims. Campaigners have also warned of the unwillingness of police and others in the justice system to take women's complaints seriously because of misconceived ideas. The Director of Public Prosecutions Keir Starmer said the aim was to boost the chance of convictions and improve treatment of victims. He added: "Prosecutors are under a constant duty to keep up with the law and social attitude. This is especially so when handling cases of rape and domestic violence."
Although prosecutors have previously been issued with guidelines on rape cases, today's document is the first time that a section on countering myths and stereotypes has been included.
Among the other myths listed is the idea that rape only occurs between strangers in dark alleys and that victims only cry rape when they want revenge or regret having sex.
As well as ensuring such myths are rejected when assessing victims, prosecutors are being told to counter attempts by defence barristers to use such ideas to rubbish a victim's evidence or make mitigating claims to reduce the penalty a defendant would face.
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