Daily Archives: April 2nd, 2021

QotD: “If we’re urging girls to report rape in schools, we need to fix the legal system”

Suddenly everyone is talking about a “rape culture” in schools. Not for the first time, it has to be said, but influential MPs, headteachers and senior police officers are urging anyone who has been attacked to report their experiences. “Every victim who comes forward will be believed, will be listened to and dealt with sensitively,” according to Simon Bailey, the national police lead for child protection. Really?

I don’t doubt that “rape culture” exists within schools, or that some headteachers have been reluctant to confront it. At meetings of the mayor of London’s Violence Against Women and Girls Board, we have heard anecdotal evidence about schools where girls wear shorts under uniform skirts to protect themselves from sexual assault. But there is nothing unique about what happens in educational settings. It reflects what is happening in the wider world, where the stark fact is that very few sexual predators face any form of justice.

Official figures tell the story: on average, about 1,060 women report a rape to the police in England and Wales each week. Only 40 of those rapes will lead to a prosecution, and about 27 will end in a conviction. More than 1,000 men a week are getting away with rape, in other words, and that’s only the cases known to the police. Many more go unreported, never featuring in the statistics.

When public figures urge girls to report rape, they should be honest about the fact that they are directing victims into a completely broken system; rape has all but been decriminalised, encouraging a culture of impunity among perpetrators. Hardly any rapists end up in prison, so what do they have to fear?

The government is poised to publish the latest in a long line of reviews of what’s gone wrong with rape investigations, but I could have saved it the trouble. Rape and serious sexual assault are the only crimes where it is victims, not the likely perpetrators, who are treated with suspicion. When a rape inquiry opens, police focus on complainants, making incredibly intrusive inquiries into their previous history. Girls who may now be thinking of going to the police need to know they will probably be asked to hand over their mobile phones, even if they contain intimate photos and messages, and to provide access to school and medical records.

Cases often collapse as a result: say a girl accuses boy X of rape, and detectives find a jokey text message from three months ago telling a friend she fancies X. Understanding of consent is so poor that it will be treated as undermining the credibility of her complaint, even though we are all entitled to change our minds about whether to have sex with someone, especially if the other party is rough or threatening.

There are now more than 8,000 posts on the Everyone’s Invited website, but it does not seem likely that they will change this atmosphere of corrosive distrust towards victims. Bailey’s statement that girls who come forward will be believed is hard to square with pronouncements from the country’s most senior police officer, the Metropolitan police commissioner, Cressida Dick, who in 2018 reversed her force’s policy of believing individuals who report rape.

It was national policy at the time, adopted in 2011 after an outcry over the impunity Jimmy Savile enjoyed in his lifetime. But then the Metropolitan police were severely criticised over the way they handled Operation Midland, the disastrous inquiry into a nonexistent paedophile ring at Westminster. The complainant was a male fantasist, quite unlike most rape victims, and he subsequently went to prison for perverting the course of justice.

Dick’s kneejerk response was to tell her officers to have an “open mind” when they hear a rape allegation. She also made remarks that don’t bode well for girls weighing up whether to report attacks at school: “Speaking as a cop, opposed to a citizen, I’m interested in crime. If it’s a long time ago, or it’s very trivial, or I’m not likely to get a criminal justice outcome, I’m not going to spend a lot of resources on it.”

Some may be the type of case that the police and prosecutors find most challenging, where the accuser and alleged perpetrator are known to each other, and may have consumed alcohol before the attack. I don’t doubt that the assurances now being offered are sincere, but the risk of creating unrealistic expectations is very high.

We live in a society where half the population faces an ever-present threat of sexual harassment and assault at school, at work and in our own homes. But the criminal justice system is so intent on protecting the interests of men and boys accused of rape, it no longer does its basic job of providing justice for victims.

Joan Smith