There's been a lot of talk in the last few days about the tiny number of rape convictions in the UK and what can be done about it.The blame is directed widely: at the police for not taking rape victims seriously; at lawyers for not presenting stronger evidence; at judges for finding excuses for rape; and at juries for giving people the benefit of the doubt.
But to my mind they're all missing the point. I think the real problem is that the evidence given by the victims doesn't point clearly enough to rape, to lack of consent, to coercion.
Too often it seems that instead of the expected struggle and resistance and non-cooperation the victim actually gave in to the other person quite easily and with barely a murmur of protest.
Well, says the victim, that's because I didn't want to make it worse. If I had put up too much of a struggle, I'd have been attacked more viciously and ended up seriously hurt. So I played it safe and did what I had to so it'd be over quicker.
Of course that's totally understandable. Who wants to finish up stabbed or strangled or dead? Who wants the rapist to get so furious they lash out wildly and whack you to bits?
But for a jury looking for clear-cut evidence of non-consent, the cautious, non-provocative approach creates too many doubts about what happened, and they don't know who to believe. So they end up acquitting.
I honestly don't know the answer to this. If the court wants resistance but the victim rejects it, then how do we get more convictions?
PS: The other obvious reason for the dearth of rape convictions is that many women don't even report it for fear of the consequences - humiliation, disbelief and further violence. The level of unreported rape uncovered in surveys is truly shocking.

