HL Deb 25 February 2003 vol 645 cc17-8WA
Lord Campbell-Savours

asked Her Majesty's Government:

What further consideration they have given to the comments of the noble and learned Lord, Lord Ackner, on 19 November 2002 (HL Deb, col. 298) on the question of jury treatment of date rape cases in rape trials. [HL1485]

Lord Filkin

The Government had already given comprehensive and detailed consideration to the suggestion that there should be a separate offence of date rape before the Command PaperProtecting The Public was introduced on 19 November. As I said to the noble and learned Lord, Lord Ackner, on 19 November 2002, the view we have taken is that rape is rape and cannot be divided into more and less serious offences. It can be equally as traumatic to be raped by someone you know and trust, who has chosen you as his victim, as it can be to be raped by a complete stranger.

This remains the Government's position. We believe that the crime of rape is so serious that it needs to be considered in its totality rather than being constrained by any relationship between the parties. The issue of severity of the offence should be left to the judges on sentencing, rather than attempting to deal with it by creating a separate offence.

This view is supported by the Sentencing Advisory Panel in its recently published guidelines on sentencing in cases of rape.