MAIN CONFERENCE HALLF7 Rape Law Reform (Rape Law Reform Policy Paper) Applicability: England and Wales
MAIN CONFERENCE HALL
F7 Rape Law Reform (Rape Law Reform Policy Paper) Applicability:
England and Wales
Conference endorses Policy Paper 28, Rape Law Reform, as a
statement of Party policy on reform of the law on rape.
In particular, Conference:
a) Expresses concern that the present law and procedures
concerning serious sexual offences discourage victims from coming
forward, give rise to unjust acquittals and induce the Crown
Prosecution Service to drop meritorious cases, and so fail
adequately to protect the public.
b) Believes that it is possible to reform the law and legal
procedures as well as improve support for victims without
undermining the fundamental rights of defendants.
Conference welcomes the review of rape law undertaken by the Home
Office and calls on the Government to:
1 Review, clarify and state the law of similar fact evidence in
statutory form.
2 Legislate to ensure that an alleged victim in a case of serious
sexual offence cannot be cross-examined in person by the
defendant who has been charged with that offence, who shall
automatically be entitled to legal aid.
3 In cases where the defence is that the defendant believed that
the victim was consenting, ensure that:
i) The definition of rape should be amended so that, once the
prosecution has proved beyond reasonable doubt that the victim
did not consent, the burden shifts to the defendant to prove, on
a balance of probabilities, that he honestly and reasonably
believed that the victim did consent.
ii) The victim's protection from being cross-examined on, or have
evidence adduced on, previous sexual history should be extended
to all sexual offences tried on indictment (except with the leave
of the judge).
iii) If the defendant has a previous conviction for rape, the
prosecution should be allowed, with the leave of the judge, to
adduce evidence of that conviction.
iv) Leave to cross-examine or adduce evidence concerning the
victim's previous sexual history should be granted only where the
defence has given notice in writing and limited only to the
previous sexual history between the complainant and the
defendant; where such leave is granted the prosecution shall also
be entitled to cross-examine the defendant on his sexual history.
4 Entitle the judge to tell the jury that the lateness of a
complaint cannot be read as an indication that the complaint is
false.
5 Extend anonymity so that both defendant and alleged victim are
protected.
6 Standardise the use of barrier screens or video links in rape
trials, to reduce the distress to victims caused by the proximity
of the defendant.
7 Make it a prerequisite for judges to undertake gender awareness
training.
8 Provide support for victims through the standardisation of
examples of good practice; by giving higher priority for the
scheduling of rape trials; and through evaluation of levels of
compensation in the next review of the Criminal Injuries
Compensation Scheme tariffs.
Mover of motion: 20 minutes; other speakers: 5 minutes.
Jo Hayes
Ronald Heinrich - Huntingdon
Peter Lines - Scarborough and Whitby
Jean Gray - Torfaen
Roger Thorn - Berwick-upon-Tweed
Conrad Russell (Earl) - Brent
Sue Vincent - Reigate
William Goodhart - Oxford West and Abingdon
Pat Fearnley (F) - Tatton
The Rt Hon Alan Beith MP - Berwick-upon-Tweed
Motion - Carried