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> If you are the Victim of Rape or other Sexual Offence
Police response
When you report an attack to the police, a police officer (usually a woman in the case of a female victim) will take the details from you. Home Office Circular 69/1986 Violence against Women states that police forces should consider providing special victim examination suites and should provide information on medical needs and support agencies. You will be told the name of the police officer dealing with your case. You should let the police know if you are worried that your attacker will harass or intimidate you.
The police may contact, on your behalf, your local sexual assault referral centre (SARC) which is run in partnership by the police, health services and voluntary organisations. They provide care and health advice to victims of rape or sexual assault. You may also contact a SARC independently if you choose not to report the crime to the police.
In court
There are a range of measures enshrined in statute to protect victims of sexual offences in court, although these are now interpreted in light of Article 6 of the Human Rights Act, which provides the defendant with a right to a fair trial.
Section 41 of the Youth Justice and Criminal Evidence Act 1999 restricts the circumstances in which evidence or questions about your sexual behaviour outside the circumstances of the alleged offence can be introduced.
Where the issue is one of consent, the court will only permit evidence of your previous sexual behaviour where the behaviour happened at or about the same time as the alleged rape or was so similar to the behaviour at the time of the alleged offence that it could not be explained as coincidence. The court can also permit evidence your previous sexual behaviour if it is to contradict claims made by you. However the court must also be satisfied that, if the evidence were not heard, the jury or magistrate in the case might make an unsafe decision. If the court considers that the main purpose for which the defence seeks to introduce the evidence is to undermine or diminish your credibility the court should not allow it. Following a House of Lords ruling in R v A (2001) the court can consider permitting evidence of previous sexual behaviour between you and the defendant if it is relevant to the issue and if the defendant would not otherwise have a fair trial.
There is some debate as to the issue of drunken consent. The law may be heading into the realm of declaring that ‘drunken consent is still consent’ meaning that convictions of rape will be harder to achieve if the defendant claims that the victim gave drunken consent to the sexual act. This is a highly emotive issue and the law on this is set to develop further.
Under section 34 of the Youth Justice and Criminal Evidence Act 1999 defendants who are charged with rape or certain other sexual offences are not allowed to cross-examine the victim themselves.
Anonymity
If you have been raped or sexually assaulted the Sexual Offences (Amendment) Act 1992 means it is a criminal offence for anyone to publish your name, address, photograph or other details which may identify you.
In a 1995 case, the European Commission of Human Rights said in cases of rape and other sexual offences ‘account must be taken of the right to respect for the victim’s private life. The Commission accepts that in criminal proceedings concerning sexual abuse certain measures may be taken for the purpose of protecting the victim, provided that such measures can be reconciled with an adequate and effective exercise of the rights of the defence’ Baegen v Netherlands 1995.
Contacts:
Victim Supportline
Provides free and confidential advice and support to help people cope with the effects of crime
Address: Victim Support
39 Brixton Road, London, SW9 6DZ
Helpline: 0845 30 30 900
Women’s Aid
Provides support and advice to victims of domestic violence against women and children.
PO Box Bristol 391,
BS99 7WS
Helpline: 0808 2000 247
When you report an attack to the police, a police officer (usually a woman in the case of a female victim) will take the details from you. Home Office Circular 69/1986 Violence against Women states that police forces should consider providing special victim examination suites and should provide information on medical needs and support agencies. You will be told the name of the police officer dealing with your case. You should let the police know if you are worried that your attacker will harass or intimidate you.
The police may contact, on your behalf, your local sexual assault referral centre (SARC) which is run in partnership by the police, health services and voluntary organisations. They provide care and health advice to victims of rape or sexual assault. You may also contact a SARC independently if you choose not to report the crime to the police.
In court
There are a range of measures enshrined in statute to protect victims of sexual offences in court, although these are now interpreted in light of Article 6 of the Human Rights Act, which provides the defendant with a right to a fair trial.
Section 41 of the Youth Justice and Criminal Evidence Act 1999 restricts the circumstances in which evidence or questions about your sexual behaviour outside the circumstances of the alleged offence can be introduced.
Where the issue is one of consent, the court will only permit evidence of your previous sexual behaviour where the behaviour happened at or about the same time as the alleged rape or was so similar to the behaviour at the time of the alleged offence that it could not be explained as coincidence. The court can also permit evidence your previous sexual behaviour if it is to contradict claims made by you. However the court must also be satisfied that, if the evidence were not heard, the jury or magistrate in the case might make an unsafe decision. If the court considers that the main purpose for which the defence seeks to introduce the evidence is to undermine or diminish your credibility the court should not allow it. Following a House of Lords ruling in R v A (2001) the court can consider permitting evidence of previous sexual behaviour between you and the defendant if it is relevant to the issue and if the defendant would not otherwise have a fair trial.
There is some debate as to the issue of drunken consent. The law may be heading into the realm of declaring that ‘drunken consent is still consent’ meaning that convictions of rape will be harder to achieve if the defendant claims that the victim gave drunken consent to the sexual act. This is a highly emotive issue and the law on this is set to develop further.
Under section 34 of the Youth Justice and Criminal Evidence Act 1999 defendants who are charged with rape or certain other sexual offences are not allowed to cross-examine the victim themselves.
Anonymity
If you have been raped or sexually assaulted the Sexual Offences (Amendment) Act 1992 means it is a criminal offence for anyone to publish your name, address, photograph or other details which may identify you.
In a 1995 case, the European Commission of Human Rights said in cases of rape and other sexual offences ‘account must be taken of the right to respect for the victim’s private life. The Commission accepts that in criminal proceedings concerning sexual abuse certain measures may be taken for the purpose of protecting the victim, provided that such measures can be reconciled with an adequate and effective exercise of the rights of the defence’ Baegen v Netherlands 1995.
Contacts:
Victim Supportline
Provides free and confidential advice and support to help people cope with the effects of crime
Address: Victim Support
39 Brixton Road, London, SW9 6DZ
| Web: | http://www.victimsupport.org |
Women’s Aid
Provides support and advice to victims of domestic violence against women and children.
| Address: | Women's Aid, |
BS99 7WS
| Web: | http://www.womensaid.org.uk/default.asp |
