Sleepwalking, Indeed

This afternoon, the Labour MP Harry Cohen introduced a Ten Minute Rule Bill to abolish sleepwalking as a defence against rape. Which, believe it or not, it currently is.

The specific offences of rape, serious sexual assault and indecent assault should be abolished, since they serve only to keep on the streets people who ought to be behind bars. Instead, the sexual element should be made an aggravating factor in offences against the person generally, enabling the maximum sentence to be doubled.

That way, a few silly cases that currently come to court would not do so, while many serious cases that currently either never make it to court or end in an acquittal would at least end in a conviction for something. My jaw drops when I hear or read reports (no doubt truthful) of women with serious injuries whose assailants were never charged with anything because there was considered little or no chance of a conviction for rape. Why were they not charged with, say, grievous bodily harm? This way, they would be.

Furthermore, this would be achieved without compromising fundamental principles such as trial by jury and the burden of proof on the part of the prosecution, both of which have already been eroded far too much (i.e., particularly in the latter case, at all).

At the same time, why is no one asking why, if there are so few convictions for rape, almost nobody who makes a false allegation of rape is ever even charged with perjury (with which, given its prevalence, next to nobody is ever charged in general), or with perverting the course of justice, or with making false statements to the Police?