An overview and history of rape laws in the UK

An overview and history of rape laws in the UK Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Rape in UK courts and law The Rape Crisis Federation (hereinafter RCF) was founded in 1996 as a national co-ordinating body for the rape crisis association in England and Wales. The strategic intentions of the establishment had been to secure a voice for the sixty three self-regulating, locally based rape crisis groups that represented its membership; to lobby and campaign for amendments in legislation on sexual violence and to acquire statutory funding for rape crisis centres. [1] RCF was a powerful and vociferous campaigner for female survivors of sexual violence and for the services that are to present support for such women. It effectively petitioned on a considerable amount of legislative and policy related matters, for example, the Youth Justice and Criminal Evidence Act 1999 and most recently the Sexual Offences Act 2003. It was not however triumphant in protecting statutory, central funding for rape crisis services in spite of campaigning to bring England and Wales in lin e with other European countries. It frequently lobbied the Government on ensuring that the rights of women in England and Wales were corresponding to those women elsewhere in Europe but with no advantage. In November 2003, RCF was closed due to a lack of funding. The closure of the establishment was by no means owing to a lack of requirement for such a body. Indeed, there were 5,759 reports of rape in 1996 and by 2003 there were reports of over 9,000. [2] The conviction rate for rape is approximately 5.8%; revealing the worst intensity in the whole of Europe. [3] Nevertheless, RCF has presented the Government, the Police, the CPS and several other associations with knowledge on the subject of sexual violence. It has performed on a global level, working with groups, both in Europe and internationally, to force the concern of sexual violence securely onto the political and public agenda. [4] The concerns relating to sexual violence are remaining and the rape crisis movement will, i t is submitted, deeply miss the dexterity of a national organization. For this reason, the support of victims of rape has been severely tarnished by the Federation’s closure. The lack of support of rape victims is emphasised by the special rules of evidence and procedure for rape trials. These provisions have caused considerable controversy and reflect further the lack of support offered to victims of rape. The ensuing discussion shows that this lack of support is symbolic in the current law of rape. Until 1994, a mandatory corroboration declaration had to be specified at a rape trial. It intended that the judges constantly had to advise the jury that it was injudicious to convict on the woman’s evidence alone. That did not indicate that there could be no conviction without evidence corroborating what the woman alleged, although evidently juries may place great significance on what the judge had to disclose, and the caution could have presented uncertainties where non e would have existed without it. The caution seemed to mean that women were liars, and prone to claim rape where none had taken place. In 1991 the Law Commission suggested that the corroboration decree should be eliminated and the Royal Commission on Criminal Justice in 1993 agreed. Owing to these recommendations, and prevalent disapproval of the caution, ss. 32 and 33 of the Criminal Justice and Public Order Act 1994 eradicated the mandatory corroboration declaration. On the other hand, this does not straightforwardly resolve the predicament. Even though it is not at present mandatory to issue the caution, judges may still supply it where they deem it to be crucial and, given the assertions which some of our judges have declared on rape, it is dubious whether this responsibility is reliable at their discretion. [5]