Why are there so few rape convictions?

Question

Don't you find it disturbing that only 5.3% of cases end in a prison sentence. Yes, okay, there are immoral women, but surely not 94% of all claimants are liars. It means that there are rapists walking around us, who've got away with it. That's very frightening. Why are they getting away with it?

Actually Clive, I personally know women who were raped and never went to the police. Very few women "cry rape". Far more men say "consensual sex" when they've forced a woman. In my opinion and experience.

I heard of a case today where the man (who pleaded guilty) was given a reduced sentence because the attack was after midnight! And it wasn't the first time he'd been charged with rape either. What is going on?

Watchman - for every crime there is a consequence and the consequence for wasting police time can and should be, a sentence. That would soon stop any nonsense. I know women who have been raped and not reported it, from fear.

No one is pointing the finger at the police. This is an under reported crime and the stastics show that only 5.3% of accused men get prosecuted. Therefre there are a hell of a lot of rapists walking around.

Anarchy - what is an afterthought? Isn't there a period of time - is it 7 years - within which a crime must be reported?
Perjury is a crime - people go to jail for it - ask Jeffrey Archer.

Actually, I've just the report more fully. The police are criticised for not investigating more fully and for labelling rapes as "no crime" in many cases. It seems as though the police do judge for themselves that the victim is a liar in some cases.

Corey B - I don't quite believe that. If I said "A stole my purse" and my purse is found in A's possession, it's quite clear a crime has taken place. Then you have to look at to who is the most believable.
And when I heard a victim's mother talking this morning about how the rapist received a reduced sentence because he had raped after 12 at night, I become convinced that there is some sort of prejudice against the victim.

Answer 1

I think that this link gives a few answers http://72.14.253.104/search?q=cache:AYInGSDdfPEJ:www.feminist.com/news/news39.html+england+rape+convictions&hl=en&gl=us&ct=clnk&cd=7

This is the only instance (apart from defamation) where the victim is put on trial along with the defendant and the most intimate details of her life are put on public display. How many women are prepared to tolerate this? I was once told of the case of a very old lady who was raped and who was too ashamed even to tell her (pensioner) daughter until long afterwards! Other particularly vulnerable victims when it comes to standing up to the slings and arrows of the prosecution are children and mentally handicapped women.

The police (as mentioned in the report) are also rather picky when it comes to pursuing a rape, distinguishing between "good" rapes (i.e. of a woman above suspiction) and "bad" rapes, i.e. of women who were known to consent to sexual relations from time to time or even frequently.

There can also be problems with forensic evidence and the victims of rape can sometimes contribute to this by not calling the police to the scene immediately and bathing away some of the crucial evidence.

The rapist may be a member of the victim's close circle of family and friends or a working colleague or neighbour and she has to weigh up the consequences of making a criminal complaint which may not stick. Even if there is a conviction, it is not the end of it for her, as one day the rapist will be released. Indeed, rapists are usually released on licence for weekends before the end of their sentence and the victim dreads the possibility of encounters. What's more, the relatives of the rapist are not going to let matters stand and may well spread malicious gossip about the character of the victim, or worse, making life intolerable for her. She may well have to move away, change her job and avoid common acquaintances. Imagine, for example, the consequences of having your boss charged with rape and then looking for another job! I think a lot of women decide that they're going to try to sort their lives out one way or another and that they can do without having a prurient world gawp at the details of the horrible thing which has happened to them from the public gallery or through the press.

Answer 2

It's a shame, isn't it? Our judicial system isn't perfect. They get away with it for a number of reasons, such as:

-Lack of evidence. The very first thing a woman should always do is call the police - so the woman can be examined and a rape kit taken. If she waits too long, it's simply her word against his, leaving it wide open for a defense attorney to tear it into bits.

-Cold defense attorneys. I'm not sure how some of them sleep at night. They drag out and tear up a woman's sexual history and throw it in her face - in order to make her look like she was "asking for it" or gave her consent.

-Shady past of the victim. It's sad, but true. Unfortunately in this world, a drug addict or a prostitute's word (for example) isn't taken as seriously as anyone elses. They'll also judge her by what she was wearing at the time. A crime is still a crime though.

-History of the accused. If it's his / her first offense, the sentence (if any) is likely to be light. Even among those 5.3% who actually get convicted, they're likely to be back out on the streets in 5 years on good behaviour / parole.

Yes, it is very frightening. Even more scary is just how many cases go unreported every year, because of the fear of our imperfect world. Having to get up there and tell the world every horrid detail of something so taumatizing is hard enough for any woman. But, to fight a losing battle is just too hard.

Answer 3

Unfortunately most rapes are not reported by the victim, and when they are it usually boils down th he said- she said. It is also unfortunate that in most rape cases the victim is put on trial as well as the perpetrator. Questions such as 'What was She wearing, was She 'asking' for it by the way she was dressed? Did she really say 'NO', This is a very sad comment on our society today.
Some rape cases are dropped for lack of evidence because the victim showered before reporting the crime, thus washing off any secretions or physical evidence, also any delay in reporting the crime means the defense can exploit that fact and cast doubt on the victims allegations.
There are also some cases where the rape charge is dismissed if the crook confesses to a higher crime such as in a rape/murder case.

Answer 4

The toll of rape and the lack of conviction
MELANIE NEWMAN 7 March 2014
Why do so few rape cases lead to the alleged perpetrator being charged? A Bureau of Investigative Journalism analysis highlights how the police focus on the "consent" of the victim rather than her vulnerability to male exploitation.

It's late 2011. Two senior offices from the UK's largest police force are attempting to explain, in a long and rambling report, why more suspected rapists aren't being charged.

The officers, part of a specialist sexual offences unit within the Metropolitan Police, London's police force, had been tasked with exploring why more people in the capital were reporting rape but the number of suspects being charged was falling. The explanation, the officers concluded, lay with the victims and the quality of their evidence.

The problem, they reported, was that most rape allegations were made by people in circumstances that could compromise their evidence in court. Victims were frequently young, had mental-health problems, had histories of domestic violence and had used drugs or alcohol before the attack—and these “vulnerabilities” meant their cases were likely to drop out of the criminal-justice system long before they reached court: “The number of cases where victims have multiple vulnerabilities in their lives is 87%, making them and their evidence less robust when scrutinised in the light of court processes.”

This claim was reiterated several times in the report. Yet its 10 “action plan” points did not include any on how to address allegations by vulnerable people—perhaps through training or a change in investigative approach. The impression left was of an intractable problem which, by “diluting focus”, drew attention away from cases with a better chance of ending in conviction.

Answer 5

A lot of woman feel to ashamed to say anything at all. Others wait a long time before they do and then they often don't have enough proof anymore. But even sometimes when they do file charges right away, they are told that they don't have enough proof. I've heard of cases where they could only prove that a man had sex with a certain woman. While she said it was rape, he simply said that, they had had normal sex and that she was lying and he got away with it. The thing is, she didn't even know him, and why would she lie...?
I think it's a mistake in the justice system, because other some countries are better at dealing with rape.

Answer 6

There are many reasons and factors that effect a rape victim, to not want to say anything about it.
1.) Embarrassment/Feeling ashamed
2.) Fear of attacker
3.) Fear of getting in trouble for using illegal drugs (not in all cases)
4.) Thinking it's their fault.

A lot of rape victims are at times too scared with coming forward. Some may be fearful of their attacker, especially if it was very violent and the victim was threatened with future violence.

When illegal drugs are involved, they may feel as though they will get into trouble, as well.

Some rape victims may also have a sense of guilt, as though it was their fault. They may feel it was their fault for being in whatever situation they were in.

Some rape victims may also feel like they will be looked down upon by family or friends. Especially if a family member or friend was responsible for the attack.

Some rape victims can be men, and from the pressures of society they think others may think it is ridiculous to turn in a woman for rape. If a man is raped by another man, consider embarrassment as the number one reason they do not contact law enforcement.

Answer 7

There are a lot of reasons. Let's start with our court system. There are so many convictions and then the judges give suspended sentences, or only a few months, or probation. Next is the person MUST be proven guilty beyond a reasonable doubt. So if there is ANY doubt, then this is NOT guilty. Then there is the D.A.'S they make deals every single day. If the guy pleads guilty then there will be a suspended sentence, or they will get probation. And then there is the victim, she doesn't want to testify and be put through all the aggravation. OR she can't identify the guy. But put all of these together and you have pretty much your answer.

Answer 8

Maybe the other 94 per cent were raped by the same guy who was convicted at a later point. Unfortunatly this is real life though and people get away with crimes a lot more than they get caught. The police and media like us to think that most cases are solved and the offenders are put away but the truth is different.

Answer 9

The problem is that it easily alledged but difficult to prove.DNA can only prove intercourse took place the hardest thing is to prove lack of consent and unless there are injuries that is hard.Many women dont fight and are not injured because they are in great fear but try to prove that to a jury.I have and failed.The worst jurors are women who have an attitude of 'I wouldnt have submitted so the victim is lying'Unfortunately the instances of false reports are increasing whilst I believe the number of genuine rapes reported are getting less as the victims are put off doing so.It is a very dificult problem to confront and there are no simple solutions.

Answer 10

Unfortunately there are those few women that will use rape as a tool to torture, threaten, and "get even" that fact weighs heavily on the true rape victims justice... 94% are in all probability real bona-fide rape victims, but that 6% cast the doubts that cloud the issue. Like I said, very unfortunate...