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Rape and the law: he said, she said?

01.11.15

Rape and the law: he said, she said?

There is no doubt rape is a heinous crime, but how should the law and criminal justice system deal with it? Headlines feature the oft-repeated claim that only six per cent of rape accusations lead to a conviction. Baroness Stern’s influential review concluded there has been too much focus on conviction rates. How can we ensure rape cases are prosecuted both fairly and effectively? Should rape cases be treated differently from all other crimes? Filmed at the Battle of Ideas, speakers include: Dan Subotnik, professor, Touro Law School, USA, author, Copulemus in Pace; Marguerite Russell, barrister, founder member, Garden Court Chambers; Helen Reece, reader in Law, LSE; author Divorcing Responsibly; Chair: Luke Gittos, trainee barrister.

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Related topics: Debates, Social Change

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Peter(yesabloke) said:

Yes Helen Reece is right but I suppose a bloke is not allowed to say this, if a woman gets into bed with you, you do think they want sex unless they make it clear otherwise. The idea we need leaflets and education on this is absurd and suggests we are all rapists otherwise which is disgusting.

Hollyberrys said:

Important debate and highly recommended-should be on syllabuses for all law students.

Jenny Richards said:

Very good and informed debate, we could do with more of these on a subject which if we discuss it we are thought insensitive. I especially agree with points made by Helen Reece, which is a view rarely heard. Thank you.

Sasha T said:

I found the points on rape reform really interesting and informative. I agree the public are being very unfairly attacked as though loads of people think rape is ok-which is rubbish.

Natasha M. said:

I totally agree with the opinion of the girl who’s been raped and reading a part of her book on rape.
We communicate our consent or not with our eyes and facial expressions so clearly that speech is not necessary. A man that cannot distinguish a positive attitude of consent towards him from a no-attitude he is either totally drunk or totally retarded!
Bodies give clear responses and a man can tell when a female body is aroused or not-Very strong the argument with the mute woman!

However, there are these incidents of young female tourists who had sex abroad and the next day testified that they have been raped in order to get the money from the insurance. And they won the case.
What can one say in those cases?