Maternal instinct made me warn women about drink and risk of rape, says judge
Rape victim: Woman judge was right to warn drink put me at risk
A JUDGE who warned women to take more care on drunken nights out as she jailed a rapist said her comments had been motivated by maternal instinct.
Lindsey Kushner QC was accused of ‘victim blaming’ after giving the advice during her final case before she retired.
She said dangerous men targeted women who had been drinking because they were less likely to report an attack, remember what happened or be believed than a sober victim.
Speaking for the first time since the row erupted, Judge Kushner, 65, said she had planned her warning at Manchester Crown Court carefully. ‘That was the time to do it,’ she said. ‘I thought it’s time we got it reported properly and had a measured statement from a judge who had no axe to grind – and, of course, I thought coming from a woman it might be better.’
Asked why, she replied: ‘Because it’s the sort of advice you give to your daughter. It’s the sort of advice a father might give to his daughter, but mothers certainly would.’
As she jailed rapist Ricardo Rodrigues-Gomes, 19, for six years last month, she urged young women to think twice about getting drunk on a night out because it put them at the mercy of sex attackers.
The mother- of- two said it would have been ‘ remiss’ of her not to warn women to protect themselves.
Judge Kushner had told the court: ‘Girls are perfectly entitled to drink themselves into the ground, but should be aware people who are potential defendants to rape gravitate towards girls who have been drinking.
‘It should not be like that, but it does happen and we see it time and time again.
‘They are entitled to do what they like but please be aware there are men who gravitate towards a woman who might be more vulnerable. That’s my final line, in my final criminal trial, and my final sentence.’
During the case, the court heard that victim Megan Clark – then 18 – had drunk a ‘significant amount’ of lager and vodka, and had inhaled a ‘popper’ party drug on the night out at AXM club in Manchester last July. She was removed by bouncers just after 5am and met Portuguese factory workers Orlando Machado, 19, and Rodrigues-Gomes at a Burger King.
CCTV showed her holding hands with Machado before all three left at 6.15am and walked to a footpath by a canal where both had sex with her in broad daylight.
A resident in a nearby apartment called police and filmed the attack on a camera phone. Miss Clark can be heard in the footage saying: ‘No, stop. I don’t want to do it. I don’t like this, it’s not fair.’
Rodrigues- Gomes, of Gorton, Manchester, was convicted of rape, while Machado, of Moston, Manchester, was acquitted. Judge Kushner’s comments led to criticism from campaign groups that she was victim blaming. Former Labour deputy leader Harriet Harman said they undermined a woman’s right to complain.
But the judge was backed by other politicians and lawyers, who described the advice as ‘sensible’.
Even Miss Clark – who waived her right to anonymity – said Judge Kushner was ‘right’ and praised her ‘good advice’.
Miss Clark, now 19, said: ‘ She just simply said to be careful, basically, which is smart advice.
‘You need to be careful – but she wasn’t at all victim blaming.’
Judge Kushner, who retired last week, said she worried about young women because the number of rape and sexual assault cases had ‘exploded’ in the past 20 years – with drink often playing a part.
She told The Times: ‘We should be putting more effort into educating men. Why do they think that if a girl dresses or behaves a certain way, or is drinking, that gives them licence to try and have sex with them?
‘There needs to be education from every quarter – parents, schools, other people that children and young adults mix with, and society in general.
‘When I see girls in town sometimes I worry about them.
‘When the clubs are coming out, if they’re worse for wear for drink, I worry about them.
‘As far as violence is concerned, things blow up within seconds, so drink has some bearing on that.’