Prosecutors told to dig into accused rapists’ past

JURORS in rape trials are to be told more about the previous sexual behaviour of male defendants in a bid to increase the chances of a conviction.

Alison Saunders, the Director of Public Prosecutions (DPP), has told prosecutors to focus on the behaviour of men leading up to alleged rapes, rather than just the incident itself.

The move is intended to provide juries with a fuller picture of a male suspect’s character and comes after a series of high-profile trials ended in acquittal. It also follows a number of recent cases where the sexual history and behaviour of the accuser has been presented as crucial evidence.

Around 23,000 rape allegations are made to the police in Britain each year but fewer than 3,000 end in conviction.

Now prosecutors will be asked to focus on male defendants’ previous conduct in other relationships in the search for any relevant evidence. This may include situations where an alleged rapist exercised controlling or coercive behaviour towards other women, including previous girlfriends.

There has been growing concern that many rapists are getting away with crimes because they are able to convince juries the sex was consensual.

Victims who are too drunk to consent or give a lucid account of events

are also often not believed when they are cross-examined in court.

The new move will see evidence collected from a variety of sources including CCTV, social media accounts and testimonies from witnesses who may have seen the attacker’s behaviour.

Ms Saunders said she wanted to see more attention given to events leading up to an attack, so that juries are able to assess the whole picture. She said: “We are looking at how to prosecute certain types of cases, the more difficult ones. They tend to involve drugs or drink and people who know each other.”

She said exploring the background of an alleged rapist would also be key, with their social media history and habits likely to be relevant. She told London’s Evening Standard: “Some of it will be if you have already been in a relationship, understanding the dynamics of coercive and controlling behaviour and presenting cases in a way that doesn’t just look at the individual incident.”

In March, Ms Saunders launched an attack on a sitting judge whom she accused of “victim-blaming” and peddling “discredited rape myths”. She said it was “disappointing” that Judge Philip Shorrock suggested most trials led to the alleged rapist being “unsurprisingly” acquitted because both parties had been drinking or taking drugs.

Over the past year, there has been a significant rise in prosecutions for serious sexual assaults, including rape. But so called “date rape” cases, where alcohol is a factor, remain difficult to pursue. Two years ago, Ms Saunders introduced guidelines which meant men accused of rape had to prove consent.

At the time, she said rape victims should no longer be “blamed” if they were too drunk to consent. Instead, she said, police and prosecutors should put greater onus on suspects to demonstrate how the woman consented “with full capacity and freedom to do so”.