Simple answer; yes. I dealt with a number of rapes in my service with the Police and not one was ever proven in Court. Should the case ever get to the stage of going to Court for trial, and few actually do, then the defence typically employ all kinds of delaying tactics in order to get their client off the charge. These range from shoddy or incomplete paperwork, failing to inform key defence witnesses where and when to turn up to give evidence, pleading with the judge that their case isn't ready which generally buys them more time than would be given to the Prosecution in similar circumstances. Most courts have a huge waiting list of cases waiting to go to trial. Court space is limited as are the number of judges available to hear such cases whilst barristers and solicitors working on that particular case have numerous other trials they are responsible for. All this makes scheduling very difficult and therefore it can take months if not years for a trial to make it to court. In some circumstances witnesses and even the victim lose interest, they recover (to an extent) and move on with their lives. It only takes one key witness or the victim to not turn up at Court to give evidence for a judge to throw the case out. As other correspondents have said here proving rape in court can be extremely difficult. I dealt with a case where the victim's mental health was doubted due to a brief period of depression years before the crime and that was enough for the jury to believe that she wasn't reliable so the case was dismissed. The law stinks and it doesn't come close to adequately punishing the offenders.
2007-01-31 16:11:29
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answer #1
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answered by Golf Alpha Nine-seven 3
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"Getting away with it" isn't the issue. It's that there are more rapes. The number of rapes rises, thus the number of convictions thins.
Victims don't want to testify. Victims shower and evidence is destroyed. Getting convictions in rape cases is not easy without DNA evidence.
Some rapes are reported between spouses or BF/GF situations. Those convictions are as rare as hen's teeth because of the familial relationship of the parties. What, you want sex one night, next night it starts then you decide no and the guy has it half way in. Is that rape?
2007-01-31 23:32:20
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answer #2
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answered by P W 3
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I think a lot has to do with social situations changing too. As a young (ish) woman, I know that my friends and I all go out drinking a lot more than people our age used to, and often rape cases are weakened by the fact that alcohol was involved. It makes it easier for the case to be less clear and the doubt that can be created makes it harder to win the case. Date rape drugs are also more prominent in society now too, again meaning the lack of memory can confuse the victim's testimony, again casting doubt. I think it is the fact that there are more possible ways to create doubt that has made it so much harder to get a conviction.
2007-01-31 23:25:06
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answer #3
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answered by Klee 2
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Yes some rapists are getting away with it.
The sad thing is that the whole system lets victims down. They go to court confident that they're going to get this guy and the system can't come up with the goods. Then suddenly we're not dealing with the rape but the refusal of the system to give them justice.
For the women told their evidence does not stand up - or that they are lying - the experience can be as traumatic as the rape itself!
2007-02-01 00:11:25
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answer #4
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answered by ♥Enya♥ 4
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Maybe more weak cases are being brought up on charges? The question is how many rapes end in convictions, not how many reported rapes.
2007-01-31 23:10:55
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answer #5
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answered by Pseudo Obscure 6
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Rape is one of the hardest crimes to prove.
Whenever a crime is committed, you must prove the act and the intent. Suppose I am cleaning my gun and it accidentally goes off, killing you in the next room. Am I guilty of murder? No. Even though you are dead, I did not intend to kill you. Now suppose I try to kill you, shooting six times but I miss. Am I guilty of murder? No. Even thought I wanted to kill you, you are still alive.
Rape is especially difficult because you must prove the act took place (which is usually pretty easy) and that the perpetrator knew the victim was not consenting, but did it anyway.
The issue of rape is fraught with problems on both sides. On the other hand, there are numerous falsely reported rapes.
2007-01-31 23:24:45
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answer #6
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answered by Jesus Jones 4
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Most of all rape cases are not reported because of ridicual. Most of the rapist are men so they can't get a girl so they find one and force her.
2007-01-31 23:13:52
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answer #7
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answered by Brittany 4
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many reported cases cant be proven. so they get thrown out of court or never make it to court no evidence no case
2007-01-31 23:15:37
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answer #8
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answered by kleighs mommy 7
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legal loop-holes
are used to find/acheive
not guilty verdicts
2007-02-01 00:03:52
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answer #9
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answered by Anonymous
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bad evidence
2007-01-31 23:14:10
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answer #10
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answered by todd s 4
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