§ 27. Mr. Dale Campbell-Savours (Workington)If he will review the arrangements for the prosecution of crimes of rape. [107909]
§ The Solicitor-GeneralThe principles applied by the Crown Prosecution Service in rape cases are governed by the code for Crown prosecutors. In order to prosecute, a Crown prosecutor must be satisfied that the evidential and public interest tests set out in the code are met.
The Home Office is leading a review of all sex offences in the common and statute law of England and Wales, and expects to issue a consultation document this spring.
§ Mr. Campbell-SavoursIn all seriousness, what are we to do about women who make false allegations of rape 400 against men, sometimes four years after the alleged event? Surely juries have a duty to demand far more evidence if they want to convict, because very often their decisions, which can be wrong, lead to further injustice, as happened in the case of Owen Oyston.
§ The Solicitor-GeneralThe conviction rate in reported rape cases is 9 per cent; it is quite low. There is quite a high attrition rate. The CPS will prosecute only if a very high evidential test is met. It must be sure that there is a realistic prospect of conviction. Because consent is the issue in most cases, and because the parties involved in the majority of cases will have an acquaintanceship, that is a very difficult evidential test to be met. So I assure my hon. Friend that prosecutions are undertaken only in cases where there is clear evidence. Moreover, the public interest test that I mentioned will almost always be met, given that rape is a gross violation of a person's integrity.