§ Mr. CorbettTo ask the Secretary of State for the Home Department (1) how many men received sentences for rape of five years and over in each of the last 15 years; how many received sentences of under five years; and how many received non-custodial sentences in the same period;
(2) how many rapes were reported in each of the last 15 years; and how many resulted in (a) a charge, (b) a prosecution and (c) a conviction;
(3) what was the average sentence for rape in each of the past 15 years.
§ Mr. John PattenData for 1989 will not be available until autumn 1990. Information for 1984 to 1988 is given in the table. To produce further information for each year from 1974 would involve disproportionate cost.
Table 1—Males sentenced for rape offences 1984 to 1988 England and Wales Immediate custody Year Total sentenced Non-custodial Under 5 years Over 5 years Life Average sentence length years 1984 257 10 170 70 7 3.7 1985 339 10 192 128 9 4.5 1986 329 7 123 187 12 5.5 1987 349 5 73 259 12 6.2 1988 413 22 176 205 10 6.2
Table 2—Notifiable offences 1 of rape and persons proceeded against and found guilty of rape 1984 to 1988 England and Wales Year Notifiable offences1 Proceeded against Found guilty 1984 1,433 568 258 1985 1,842 728 342 1986 2,288 794 330 1987 2,471 902 349 1988 2,855 1,103 420 1 Includes attempts and 'other' rape offences.
§ Mr. CorbettTo ask the Secretary of State for the Home Department what action he has taken on the Women's National Commission's 1985 recommendation462W that the question of consent should be reconsidered with the aim of reforming the law on rape to make it clear that the alleged rapist's assumptions about the complainant's consent should be reasonable.
§ Mr. John PattenSection 1(2) of the Sexual Offences (Amendment) Act 1976 provides that any jury considering a defence based on the accused's belief that the woman was consenting to intercourse should have regard to the presence of absence or reasonable grounds for such a belief. In addition, the courts have held that a man who was reckless as to whether the woman consented should also be held guilty.
§ Mr. CorbettTo ask the Secretary of State for the Home Department what circulars he has issued on what dates, to police forces concerning the special needs of victims in relation to rape trauma syndrome.
§ Mr. Peter LloydHome Office circular 69/1986, issued on 1 October 1986, set out the special needs of rape victims, and emphasised the need for police to understand the different ways in which victims may react. This circular was issued in response to recommendations made by the National Women's Commission on rape trauma syndrome and other matters.
§ Mr. CorbettTo ask the Secretary of State for the Home Department whether he has issued any circulars on the under-reporting of rape and sexual assault to police forces in England and Wales.
§ Mr. Peter LloydNo. However, guidance to the police seeks to encourage increased reporting by stress the need to provide improved facilities for the reception and examination of victims of rape and sexual assault and to deal with them in a sympathetic and understanding manner.