Kate Cook

Rape investigation and prosecution: Stuck in the mud?

Abstract This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Sterns call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.

Terrorism Act 2000

Modifications etc. (not altering text) C1 Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch. C2 Act modified (1.12.1997) by S.I. 1994/1405, art. 7; London Gazette reissue number 55144 (as amended (26.10.2006) by S.I. 2006/2627, art. 2, (14.11.2007) by S.I. 2007/2908, art. 2(4), (2.1.2008) by S.I. 2007/3579, art. 3, (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 6, ) C3 Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a)) C4 Act modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), arts. 1, 2-4, Sch. 1 (with art. 6)

Criminal Justice and Immigration Act 2008

An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes. [8th May 2008]

Female Genital Mutilation Act 2003

1 Offence of female genital mutilation 2 Offence of assisting a girl to mutilate her own genitalia 3 Offence of assisting a non-UK person to mutilate overseas a girl’s genitalia 3A Offence of failing to protect girl from risk of genital mutilation 4 Extension of sections 1 to 3A to extra-territorial acts or omissions 4A Anonymity of victims 5 Penalties for offences 5A Female genital mutilation protection orders 5B Duty to notify police of female genital mutilation 5C Guidance 6 Definitions 7 Consequential provision 8 Short title, commencement, extent and general saving

Female Genital Mutilation in the UK Population: A Serious Crime

This article considers the definition of female genital mutilation (FGM) in the context of United Nations work which aims to end this practice. The piece focuses on the prevalence of FGM in the UK and on legal provisions outlawing cutting in England and Wales. It argues that FGM is now relatively commonplace in the UK and ends with a call for greater public education about FGM and better support for survivors of mutilation. The article begins by looking at international ideas about FGM, drawing on knowledge from UNICEF and considering the realities of the practices carried out on young girls. It is acknowledged that there is a risk of alienating traditions that value cutting, inherent in the western view of FGM as child abuse. Nevertheless, the article argues that FGM must be eradicated. A review of information on the prevalence of FGM in UK populations follows, showing that there are many thousands of women and girl survivors now resident in Britain. FGM has been a criminal offence in England and Wales since the Prohibition of Female Circumcision Act 1985. However this legislation proved impractical and it has now been replaced by a Female Genital Mutilation Act in 2003 and that, in turn, is now amended by the Serious Crime Act 2015. An outline of the newer legislations suggests that there are signs of usefulness within the latest amendments. However the article ends with some warnings about the risks of criminalisation without appropriate levels of support and public discussion.

Road Traffic Act 1988

[1A Causing serious injury by dangerous driving (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.]

Dangerous Dogs Act 1991

An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs pending the coming into force of the prohibition; to enable restrictions to be imposed in relation to other types of dog which present a serious danger to the public; to make further provision for securing that dogs are kept under proper control; and for connected purposes. [25th July 1991]

Coroners and Justice Act 2009

An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes. [12th November 2009]

Infanticide Act 1938

(1) Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, [if] the circumstances were such that but for this Act the offence would have amounted to murder [or manslaughter], she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

Offences Against the Person Act 1861

Modifications etc. (not altering text) C1 Short title given by Short Titles Act 1896 (c. 14) C2 Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19) C3 References to Ireland to be construed as exclusive of the Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2 C4 References to penal servitude to be construed as references to imprisonment and references to penal servitude for life to be construed as references to imprisonment for life or any shorter term: Criminal Justice Act 1948 (c. 58), s. 1(1)