Thursday 29 January 2015

New Rape Guidelines Will Remove ‘Any Grey Area’ Over Sexual Consent

New guidelines will remove ‘any grey area’ over what constitutes sexual consent in a bid to reduce inconsistencies in the way rape cases are dealt with.
The fresh guidance spells out situations where victims would not be in a position to agree to sex, such as states of incapacitation through drink or drugs, when victims have mental health problems or learning difficulties and when they are sleeping or unconscious.
Suspects in positions of power and domestic violence scenarios where the complainant ‘may be dependent on the alleged rapist’ are also included in the ‘toolkit’, which was devised by the Crown Prosecution Service.
‘For too long society has blamed rape victims for confusing the issue of consent – by drinking or dressing provocatively for example – but it is not they who are confused, it is society itself and we must challenge that,’ said Director of Public Prosecutions, Alison Saunders.

‘Consent to sexual activity is not a grey area – in law it is clearly defined and must be given fully and freely.

‘It is not a crime to drink, but it is a crime for a rapist to target someone who is no longer capable of consenting to sex though drink.
‘These tools take us well beyond the old saying “no means no” – it is now well established that many rape victims freeze rather than fight as a protective and coping mechanism.’
Martin Hewitt, assistant commissioner and ACPO lead on adult sex offences for the Metropolitan Police, had said there was ‘too much variation’ in the way a rape complaint was ‘moved through the system’.
He added that he hopes the new guidelines will send a ‘clear message’ to victims about ‘how they will be treated’

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