Juries 'reluctant to convict' in alcohol-rape cases
Juries are too lenient towards defendants in cases involving alcohol, the study says
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Thursday, 07, Dec 2006 08:40
Convictions are less likely in rape cases involving alcohol despite recent legislation designed to the contrary, new research contends.
Ahead of the Christmas party season, researchers from King's College London say that juries are more lenient towards defendants in rape cases involving alcohol because it is easier to prove consent was given.
In a move to make defendants more accountable the 2003 Sexual Offences Act resulted in the prosecution needing to prove the defendant lacked reasonable belief that consent had been given, rather than the previous wording of 'honestly believing he had received consent'.
But test juries in simulated trials involved in today's study said that it was reasonable for a man to deem silence as consent, even if this silence was a result of alcohol intoxication.
Other findings of the research commissioned by the Economic and Social Research Council are that women are still deemed partially responsible even if they are rendered involuntarily drunk by accepting alcohol, while the prosecution must also prove that defendants specifically intended to rape someone by spiking their drinks.
The researchers say that their findings are at odds with cases involving date rape drug rohypnol, where conviction rates are high despite the drug having effects comparable with alcohol intoxication.
Study co-author Vanessa Munro said: "These findings reflect the hold that gender stereotypes still have. They suggest that rape myths can have a profound influence upon jurors.
"In cases in which the evidence suggests clear links between excessive alcohol consumption and sexual assault, these findings suggest that more needs to be done at both legal level and in society as a whole, to secure justice for victims of rape."