Citation

Stern BV. Med. Leg. J. 2012; 80(Pt 2): 60-68.

Affiliation

Visiting Professor, University of Essex.

Copyright

(Copyright © 2012, Medico-Legal Society, Publisher SAGE Publications)

DOI

10.1258/mlj.2012.012003

PMID

22761359

Abstract

Rape is controversial and constructing rape policy is complicated. Most victims, men and women, are raped by someone they know. The court case usually hangs on whether or not the complainant consented to the act. The defence feels free to portray the complainant in a negative light making the trial an ordeal. Some complainants decide it is one ordeal too many and withdraw from the process. Sustained criticism of the handling of rape cases over many years led to substantial improvements, with specially trained police officers, prosecutors and judges, and more defendants being convicted. Yet providing justice to rape victims requires more than an effective criminal justice response. It also requires recognition that victims are entitled to the support of the state. They should be treated with respect regardless of whether the case goes to trial or not. The rate of convictions for rape is not the only, or even the most important measure of a good policy.

Language: en