Re: Rape convictions at lowest level since records compiled Archived Message
Posted by walter on September 12, 2019, 8:05 pm, in reply to "Re: Rape convictions at lowest level since records compiled"
The high profile or otherwise of any cases that fail should not be the business of the CPS. The story is about the recent change. The number of convictions has taken a sharp fall despite an increase in the number of reported cases. The excuse given is a bit thin - 'Weak cases being scrapped' would not sharply reduce the number of convictions. Generally - as noted, the insistence on searching the accuser's personal phone data has sharply reduced the number of women coming forward, or wishing to proceed. If there is phone evidence that casts genuine doubt on the victim's account it would usually be in communication with the defendant - in which case there is no procedural reason for the police to have the accuser's phone - the defendant can produce that evidence when it exists. The problem is that rape myths are present in the police thinking; what was the women wearing, had she been drinking, was she in a relationship with the accused, can she be portrayed as 'promiscuous' - all of which can sway a jury. To encourage police and CPS second-guessing of juries thinking is a bad idea in combination with political pressure to make the figures look better superficially. The politicization of the way the CPS handles rape charges was flagged up a year ago: Prosecutors urged to ditch 'weak' rape cases to improve figures https://www.theguardian.com/law/2018/sep/24/prosecutors-rape-cases-cps-crown-prosecution-service-conviction-rates There have been plenty of cases that have been dropped where it clearly had more to do with police attitudes nothing than the phone data (eg https://www.bbc.co.uk/news/uk-49072302, https://www.bbc.co.uk/news/uk-48574813). Interesting the CPS seem not to highlight the controversial policy of insisting on seizing phones as one of the reasons for the falling prosecutions. Cheers
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