Sex excuse should not be allowed
STRANGULATION that does not kill should be made an offence according to the Victims’ Commissioner.
It follows the murder of British backpacker Grace Millane in New Zealand.
Defence lawyers argued that Grace, 21, from Wickford, Essex, had died in 2018 after consenting to throttling during rough sex during her Tinder date.
But Grace’s killer Jesse Kempson, 28, was handed a life sentence with a minimum of 17 years on Thursday for the murder. But Dame Vera Baird believes it is vital that it soon becomes an offence.
She said: “I think that should be looked at quickly – there is a link between non-fatal strangulation and extreme violence and even homicide.
“It should be seen in a category in its own right.
“The way to do that is to make it an offence, although there is an ancient offence that would fit it.”
She added: “For the police to be able to use it easily and widely we need a clearer offence. It is a crime that should be stopped. It’s all connected to the rough sex defence.
“I am pleased that Harriet Harman is proposing an amendment (to the Domestic Abuse Bill) to ban the rough sex defence.
“I did hear that the Prime Minister agreed, during the election, that he would support Harriet’s approach.”
VICTIMS and witnesses are in real danger of abandoning the legal system because they fear criminals are not being brought to justice, says Victims’ Commissioner DameVera Baird.
She spoke out after figures showed the number of people who had given evidence in court and would be happy to be a witness in a case again had dropped to just 55 per cent – compared to 67 per cent 10 years ago.
Dame Vera also raised concerns over the lack of rape convictions after 58,657 complaints saw only 1,925 successful prosecutions.
She said: “It’s never been worse in my lifetime and you have to ask why?
“The clue is with the Crown Prosecution Service – of the cases that arrived, they prosecuted 52 per cent fewer.”
The alarming figures prompted the Criminal Justice Board (CJB) to launch the End-to-End rape review, which brings together the Ministry of Justice, Home Office, law enforcement agencies and senior judiciary.
Demands
It came in the wake of the steep decline in rape convictions in England andWales.
A damning inspectorate report partially blamed a lack of resources which has left the criminal justice system “close to breaking point”.
Prosecutors were also criticised in the 195-page study by HM Crown Prosecution Service Inspectorate for making intrusive, unnecessary demands for complainants’ mobile phones and medical records.
Major concerns were raised over the rapid rise of rape allegations coinciding with a dramatic fall in cases being taken to trial.
Dame Vera told the Daily Express it was vital to keep both victims and witnesses a key part of the process. The knock-on effect would be the justice system would lose crucial evidence.
It comes just weeks after it emerged victims are no longer reporting some crimes to police as so many offenders are never brought to justice leading the
‘It is a crime that should be stopped’
public to lose faith in the criminal justice system.
A suspect was only charged in just 7.8 per cent of crimes in England and Wales in the year to March 2019. It led the Home Office to warn action will be taken if forces fail to perform.
Dame Vera said: “There is a real danger of a flight by victims and witnesses, as in 2009 67 per cent of people who had been witnesses would do it again – last year, it was 55 per cent.
“They would never go towards a court again. They do not keep people up to date, whether they are in custody or whether they have solved the crime or they cannot find the office to get help.
“They need to tell them that they are the important part of the process. The system will do all it can. If they do not do that they will lose witnesses.”
She noted the Government had plans to support those who had been affected by crime.
“The Government is committed to updating the victims code,” she said. “I’ve seen a good draft and it sets out what people are entitled to expect.
“It does need to be implemented and requires scrutiny and evaluation.
“There’s a lot to be done on criminal justice – there is always a question that the criminal justice system is focused on the defendants.”
In the wake of the Streatham terror attack where Sudesh Amman, 20, stabbed two bystanders before being shot