Are 75% of rape complainants cross-examined about their sexual history?

There was a striking headline in today’s Times:

Sexual history of rape victims still being put on trial

Many people will not have a Times Subscription, so if they saw the story at all online they would have seen only the headline, a picture of Ched Evans, and the first sentence of the story which asserted:

Victims of alleged rape or sexual assault are questioned about their sexual history at trial in nearly three out of four cases, a survey shows.

Those able to read the full story would have read that:

Only one in four alleged victims did not have to face such examination.” Continue reading “Are 75% of rape complainants cross-examined about their sexual history?”

Ian Watkins and Jemma Beale: both cases should make us uncomfortable about our justice system

There were two disturbing pieces of news last week.

The Independent Police Complaints Commission produced a report on the handling by South Wales Police of complaints against the Lost Prophets singer Ian Watkins. In a nutshell, the IPCC found that over the course of several years the police failed to take complaints and intelligence about Mr Watkins’s seriously. As a result this most unpleasant and dangerous of paedophiles was able to continue his practice of filming, drugging and raping very young children when he could and should have been stopped.

The other news was about a woman called Jemma Beale who was sentenced to 10 years imprisonment for perjury and perverting the course of justice. Ms Beale had falsely claimed to have been raped by a man called Mahad Cassim. He was duly prosecuted, convicted and sentenced to 7 years imprisonment, while Ms Beale collected £11,000 from the Criminal Injuries Compensation Authority. She then went on to make false accusations about 14 other men, one of whom fled the country after being charged with participation in a gang rape that never happened. Continue reading “Ian Watkins and Jemma Beale: both cases should make us uncomfortable about our justice system”

Harriet Harman’s proposed ban on sexual history evidence would be grotesquely unfair

Over the last few years there have been a number of powerful nominations for the title of stupidest Parliamentarian. This blog has in the past made what I thought was a powerful case for the prize to be jointly shared between Messrs Peter Bone and Phillip Hollobone, and the Secret Barrister has repeatedly and persuasively argued the case for Phillip Davies, and indeed may do so again at greater length in his eagerly awaited book. Just to prove that Conservatives do not have a stranglehold on the competition along comes Harriet Harman with a legislative proposal which is guaranteed to produce injustice and, for good measure, is virtually certain to be ruled incompatible with the Article 6 right to a fair trial under the European Convention on Human Rights. Continue reading “Harriet Harman’s proposed ban on sexual history evidence would be grotesquely unfair”