WHY IS IT SO HARD TO SECURE A CONVICTION Pg. 1
BEYOND REASONABLE DOUBT
Looking at the difficulties in proving whether a rape was committed or not and the legal system's handling of rape cases
Rape is a notoriously difficult crime to prove. In most cases only two people are involved so it is a case of one-persons-word-against-another. There are often no witnesses to give evidence on either side.
Where there is physical evidence such as semen or pubic hair this is often washed away by the victim in their desire to “cleanse” themselves of the experience. It also, crucially, only proves that sex took place, not that it was without consent.
Tearing of the vagina or anus may also not provide concrete evidence as this sort of tearing can also be caused by other means.
But even where evidence appears compelling, victims often have a very difficult job getting their case to be believed. At each level, a case comes under close scrutiny and faces obstacles.
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Lack of Consistency and Looking for Obstacles
Starting with the police and moving on to the Crown Prosecution Service (CPS), these first two areas look at the initial problems faced by a rape victim making an allegation.
Defence Barrister Bullying and Incompetant Juries
Once the case gets to court, this item looks at some of the problems facing a rape victim in securing a conviction.