HC Deb 21 December 1999 vol 341 cc476-83W
Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department (1) if he will assess the benefits of changing the definition of unreasonable belief in relation to(a) rape and (b) sexual assault; [103314]

(2) what plans he has to introduce a new charge of assault in the course of sexual intercourse; [103343]

(3) what plans he has to propose amendments to the law to redefine unreasonable belief in relation to rape and sexual assault; [103341]

(4) if he will bring forward amendments to the law to re-define (a) consent and (b) coercion in relation to rape; [103319]

(5) if he will assess the benefits of introducing a new legal definition of rape; [103313]

(6) what plans he has to review the legal definition of rape. [103318]

Mr. Charles Clarke

The sex offences review is currently considering the law relating to rape and sexual assault as part of its remit to review sex offences. All of the issues mentioned form part of their consideration. The review is required to recommend clear and coherent new offences which protect the individual, especially children and the more vulnerable, from abuse and exploitation, enable abusers to be appropriately punished and be fair and non-discriminatory. I expect the review to report in the spring, and that its proposals will be published for consultation shortly after.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what plans he has to place individuals on the Sexual Offenders Register who are found guilty of committing an assault in the course of sexual intercourse. [103344]

Mr. Charles Clarke

There is at present no such offence. Anyone found guilty of rape is required to notify the police of their name and address and any changes of name and address. The review of sex offences has been asked to review the law and to recommend clear and coherent offences to protect victims. A number of proposals for change have been made, including one for an offence of an assault in the course of sexual intercourse by the Soroptimist International's United Kingdom Programme Action Committee's Working Party on Rape. When the review has completed its consideration of the law, it will also recommend which of the offences it proposes should carry the registration requirement under the Sex Offenders Act 1997.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what action his Department has taken in response to the interim report, "The Processing of Rape Cases by the Criminal Justice System". [103320]

Mr. Charles Clarke

The interim report on the study on the attrition in rape cases was followed by the final report of the study "A Question of Evidence? Investigating and prosecuting rape in the 1990s", which was published on 1 July 1999. The recommendations of the report have contributed to the work of the sex offences review which is looking at the definition of rape and consent, and the "Speaking Up For Justice" programme to improve the treatment of vulnerable or intimidated witnesses.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department how many sentences imposed on those who commit rape and crimes involving sexual abuse

Table A: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1995
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Avon and Somerset 4 3 35 42 1 0 14 15
Bedfordshire 0 1 17 18 0 0 5 5
Cambridgeshire 1 3 16 20 0 1 11 12
Cheshire 2 1 12 15 2 2 6 10
Cleveland 1 1 12 14 2 2 6 10
Cumbria 3 3 18 24 1 0 6 7
Derbyshire 2 3 25 30 1 1 14 16
Devon and Cornwall 4 2 23 29 2 0 10 12
Dorset 0 1 15 16 0 0 3 3
Durham 1 1 18 20 1 1 10 12
Essex 1 1 33 35 0 1 9 10
Gloucestershire 3 1 6 10 1 0 4 5
Greater Manchester 10 8 106 124 2 2 44 48
Hampshire 6 3 33 42 0 0 10 10
Hertfordshire 2 1 15 18 0 0 4 4
Humberside 1 2 15 18 1 0 10 11
Kent 3 4 24 31 2 0 17 19
Lancashire 5 3 24 32 1 1 14 16
Leicestershire 3 4 27 34 1 0 3 4
Lincolnshire 0 1 22 23 0 1 0 1
Merseyside 4 3 53 60 2 1 12 15
Metropolitan 22 18 253 253 10 10 79 99
Norfolk 0 0 12 12 1 0 3 4
North yorkshire 1 0 13 14 0 0 8 8
Northamptonshire 1 0 16 17 0 0 6 6
Northumbria 2 9 52 63 3 1 20 24
Nottinghamshire 0 3 45 48 0 0 7 7
South Yorkshire 3 3 32 38 1 0 12 13
Staffordshire 4 5 26 35 4 1 2 7
Suffolk 1 0 11 12 0 1 6 7
Surrey 1 0 9 10 0 0 4 4
Sussex 4 1 28 33 0 1 5 6

were conditional on the perpetrator participating in programmes for positive change in the last year for which figures are available. [103316]

Mr. Charles Clarke

This information is not held on the Home Office Court Proceedings Database.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what recent reports he has received on the(a) psychological and (b) physical impact of rape on its victims. [103317]

Mr. Charles Clarke

I have recently received a copy of the report of the Working Party on Rape of Soroptomist International. The review of sex offences has also received this report, in addition to 38 submissions from both individuals and organisations which relate to the law on rape including the psychological and physical impact of rape on victims.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department how many people were(a) arrested for (b) charged with and (c) convicted of rape in each police authority area broken down by (i) age group and (ii) socio-economic class for each year since 1995. [103311]

Mr. Charles Clarke

Detailed information on the number of people arrested is not collected centrally.

Information given in the table, taken from the Home Office Court Proceedings Database, shows the number of prosecutions and convictions for rape offences. The Database does not hold information on the socioeconomic class of defendants.

Table A: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1995
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Thames Valley 2 6 39 47 0 0 5 5
Warwickshire 0 0 10 10 1 0 1 2
West Mercia 3 0 21 24 0 1 4 5
West Midlands 7 9 88 104 3 6 26 35
West Yorkshire 13 8 66 87 2 1 27 30
Wiltshire 1 2 19 22 1 0 8 9
Dyfed Powys 1 0 7 8 0 0 4 4
Gwent 3 1 12 16 0 0 1 1
North Wales 1 1 22 24 0 0 13 13
South Wales 5 4 54 63 1 0 34 35
England and Wales 131 120 1,384 1,635 47 33 489 569
1Includes rape, attempted rape and offences under the Mental Health Act 1959
2Including City of London

Table B: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1996
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Avon and Somerset 6 6 40 52 0 0 7 7
Bedfordshire 2 0 23 25 0 1 6 7
Cambridgeshire 1 2 27 30 1 0 5 6
Cheshire 3 0 22 25 1 1 8 10
Cleveland 0 2 13 15 0 1 8 9
Cumbria 0 1 11 12 1 0 4 5
Derbyshire 3 1 25 29 2 1 9 12
Devon and Cornwall 1 1 26 28 1 1 13 15
Dorset 0 1 16 17 0 0 7 7
Durham 2 1 10 13 0 0 5 5
Essex 2 1 38 41 0 1 10 11
Gloucestershire 2 1 11 14 0 0 2 2
Greater Manchester 9 10 108 127 5 2 26 33
Hampshire 2 4 45 51 1 0 7 8
Hertfordshire 1 0 14 15 0 0 8 8
Humberside 1 1 21 23 2 0 11 13
Kent 1 0 22 23 0 0 15 15
Lancashire 3 4 42 49 0 1 12 13
Leicestershire 2 2 35 39 0 1 8 9
Lincolnshire 2 0 9 11 0 0 4 4
Merseyside 2 6 40 48 1 1 15 17
Metropolitan Police2 29 22 287 338 4 0 92 116
Norfolk 2 0 9 11 0 0 1 1
North Yorkshire 6 4 24 34 2 0 6 7
Northamptonshire 0 1 8 9 0 0 2 2
Northumbria 11 10 62 83 2 1 22 25
Nottinghamshire 1 3 31 35 1 1 12 14
South Yorkshire 2 3 40 45 2 0 8 10
Staffordshire 3 3 38 44 1 1 10 12
Suffolk 0 0 14 14 0 0 3 3
Surrey 0 4 9 13 0 0 5 5
Sussex 1 4 22 27 1 0 8 9
Thames Valley 2 4 49 55 3 0 13 16
Warwickshire 1 0 5 6 1 0 4 5
West Mercia 3 3 12 18 0 0 8 8
West Midlands 6 9 81 96 4 3 31 38
West Yorkshire 13 1 80 94 2 4 31 37
Wiltshire 0 0 18 18 0 1 6 7
Dyfed Powys 1 0 11 12 1 0 3 4
Gwent 3 1 28 32 0 1 8 9
North Wales 1 0 26 27 1 0 6 7
South Wales 5 5 49 59 4 0 20 24
England and Wales 135 121 1,501 1,757 54 33 489 576
1Includes rape, attempted rape and offences under the Mental Health Act 1959
2Including City of London

Table C: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1997
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Avon and Somerset 4 6 61 71 0 0 10 10
Bedfordshire 2 2 21 25 0 0 6 6
Cambridgeshire 0 0 20 20 1 0 5 6
Cheshire 1 1 23 25 2 0 10 12
Cleveland 1 0 12 13 1 0 6 7
Cumbria 0 1 11 12 0 0 0 0
Derbyshire 4 3 30 37 0 0 9 9
Devon and Cornwall 5 1 46 52 4 0 10 14
Dorset 2 1 25 28 0 0 5 5
Durham 1 1 15 17 0 0 8 8
Essex 4 3 42 49 1 2 18 21
Gloucestershire 0 0 10 10 1 0 1 2
Greater Manchester 12 13 133 158 2 3 25 30
Hampshire 4 3 65 72 3 2 23 28
Hertfordshire 3 3 23 29 0 3 10 13
Humberside 0 2 15 17 0 2 9 11
Kent 3 2 27 32 0 2 14 16
Lancashire 1 8 64 73 2 1 11 14
Leicestershire 6 6 36 48 0 1 10 11
Lincolnshire 4 2 21 27 1 0 7 8
Merseyside 1 0 20 21 2 1 14 17
Metropolitan Police' 16 29 272 317 6 8 92 116
Norfolk 1 2 16 19 0 0 2 2
North Yorkshire 1 1 14 16 0 0 4 4
Northamptonshire 1 0 3 4 0 0 4 4
Northumbria 13 5 74 92 7 1 18 26
Nottinghamshire 2 4 55 61 0 2 12 14
South Yorkshire 2 4 40 46 4 0 13 17
Staffordshire 5 3 34 42 0 1 12 13
Suffolk 1 1 17 19 1 0 5 6
Surrey 0 1 11 12 0 1 2 3
Sussex 0 0 20 20 0 0 15 15
Thames Valley 0 9 55 64 1 2 13 16
Warwickshire 1 0 5 6 1 0 0 1
West Mercia 2 0 28 30 1 1 11 13
West Midlands 11 8 89 108 5 5 28 38
West Yorkshire 15 5 70 90 1 0 25 26
Wiltshire 0 1 23 24 0 0 3 3
Dyfed Powys 1 1 21 23 0 0 7 7
Gwent 2 6 29 37 0 1 12 13
North Wales 1 2 28 31 1 0 7 8
South Wales 1 5 58 64 1 3 21 25
England and Wales 134 145 1,682 1,961 59 42 517 618
1Includes rape, attempted rape and offences under the Mental Health Act 1959
2Including City of London

Table D: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1998
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Avon and Somerset 7 3 66 76 0 1 14 15
Bedfordshire 5 1 22 28 0 0 5 5
Cambridgeshire 4 1 14 19 0 0 3 3
Cheshire 0 0 32 32 1 0 11 12
Cleveland 1 1 18 20 0 0 5 5
Cumbria 1 0 10 11 0 0 5 5
Derbyshire 2 5 30 37 0 0 7 7
Devon and Cornwall 4 4 32 40 1 2 20 23
Dorset 0 0 18 18 0 0 4 4
Durham 2 2 24 28 0 1 8 9
Essex 8 3 52 63 0 0 14 14
Gloucestershire 1 1 10 12 0 0 2 2
Greater Manchester 7 16 128 151 2 4 48 54
Hampshire 4 2 66 72 1 2 20 23
Hertfordshire 1 0 20 21 0 0 8 8

Table D: Number of defendants prosecuted at the magistrates courts and convicted at all courts for offences of rape1 by age-group and police force area, 1998
Prosecutions Convictions
10–17 18–20 21† Total All ages 10–17 18–20 21† Total All ages
Humberside 0 1 24 25 0 1 7 8
Kent 2 4 41 47 0 0 11 11
Lancashire 14 7 43 64 0 1 19 20
Leicestershire 1 3 40 44 0 2 16 18
Lincolnshire 3 3 21 27 0 1 7 8
Merseyside 2 5 52 59 1 1 18 20
Metropolitan Police` 25 33 272 330 7 6 98 111
Norfolk 0 0 21 21 0 0 4 4
North Yorkshire 1 1 13 15 2 0 6 8
Northamptonshire 1 1 12 14 0 0 5 5
Northumbria 11 12 116 139 3 0 20 23
Nottinghamshire 4 2 53 59 0 0 19 19
South Yorkshire 2 3 33 38 2 2 9 13
Staffordshire 5 1 28 34 0 0 11 11
Suffolk 0 1 27 28 0 1 6 7
Surrey 0 1 15 16 0 0 4 4
Sussex 1 6 38 45 0 1 14 15
Thames Valley 3 5 45 53 0 1 8 9
Warwickshire 3 0 6 9 1 0 2 3
West Mercia 3 2 30 35 1 1 10 12
West Midlands 14 15 122 151 5 7 39 51
West Yorkshire 10 6 89 105 5 2 41 48
Wiltshire 1 3 22 26 0 0 3 3
Dyfed Powys 3 1 12 16 0 0 4 4
Gwent 5 5 27 37 0 0 4 4
North Wales 2 1 30 33 1 0 10 11
South Wales 8 5 74 87 3 2 31 36
England and Wales 171 166 1,848 2,185 36 39 600 675
1Includes rape, attempted rape and offences under the Mental Health Act 1959
2Including City of London

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what training programmes he has developed to enable the relevant authorities to support victims of sexual abuse and rape. [103321]

Mr. Charles Clarke

The deployment and training of police officers is an operational matter for the chief officer of each force. But it is recognised that victims of sexual abuse and rape need to be treated with special care, and officers chosen to support them have appropriate training and experience.

Experienced Victim Support volunteers receive additional training to enable them to provide the kind of specialised help required by victims of sexual abuse and rape, both at the time the offence is reported and subsequently.