Monday, 5 November 2012

The Rape of Justice

I am pleased to say that until his conviction, against which he is appealing and which I suspect was not beyond reasonable doubt (in that I suspect that it was only by a majority verdict), I had never previously heard of this person Ched Evans. The behaviour of his supporters illustrates only too starkly what I have often written about the culture that defines itself by its attachment to football.

But can anyone explain to me how the conviction rate for rape is demonstrably wrong? What, exactly, would be the correct rate? And why, exactly?

That a woman has had a most unpleasant experience of this kind, the far greater likelihood of which is a direct consequence of the unquestionable Sexual Revolution, does not necessarily mean that she has experienced the offence of rape as the law defines it. Either that, or the real scandal is that there are so few prosecutions for what is clearly very widespread perjury, attempting to pervert the course of justice, and making false statements to the police. Not that those two possibilities are mutually exclusive.

Far from abrogating in any way the principle of corroboration in Scots Law, that principle needs instead to be extended throughout the United Kingdom. Just as there must be no reversal of the burden of proof or abolition of the right to conduct one’s own defence in rape cases, changes frequently demanded by certain campaigners, so there must be no extension of anonymity to adult defendants. Rather, there should be no anonymity for adult accusers, either. We either have an open system of justice, or we do not.

The specific offence of rape only serves to keep on the streets people who should certainly be taken out of circulation. Instead, we need to replace the offences of rape, serious sexual assault and indecent assault with an aggravating circumstance to the ordinary categories of assault, enabling the maximum, and therefore also the minimum, sentences to be doubled, since every offence should carry a minimum sentence of one third of its maximum sentence, or 15 years for life.

That way, those poor women with broken bones and worse, whose assailants were never convicted of anything, really would have received justice.

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