It is self evident that in matters appertaining to law and order, the Government has tended to dance (or rather, knee jerk) to the tune of the media. It is frequently overlooked however, that a more insidious influence upon Government has been exerted by favoured focus and pressure groups. Using their privileged access to Government, these groups have been able to set agendas and outmanoeuvre opponents. Presented with cogent argument and evidence refuting the efficacy of following a particular course of action, the Government chooses its moment and then ploughs on regardless. The Government’s desire to amend the law so as to ensure rape convictions are more easily secured is a classic example. Today, Clare Dyer, legal editor of The Guardian reports,
“The government is to press ahead with plans to reform the rape laws in an attempt to increase the low conviction rate, despite strong opposition from the judges who will have to put them into effect.”
The new devices that are thought will be effective include,
“a power for expert witnesses to give general evidence, not about the specific case, but about how rape victims generally behave, to dispel “myths” that might affect the jury's reactions and an automatic right to use the alleged victim's videotaped interview with the police in place of her main evidence at the trial.”
It is all going to end in tears. Judges and advocates will all be painfully aware of their duty to ensure that the defendant has a fair trial. Accordingly the worst excesses of the reforms will be mitigated. Juries will suspect (rightly) that the legal system is bending over backwards to ensure a conviction and will react accordingly. Thus the conviction rate will continue to hover at the current rate (between 5% and 6%) and the whipping boys, the judges and barristers, will again be described as “ignorant” and “devious”, respectively.
What the “reformers” fail to understand, is that action and reaction are equal and opposite. The more they weight the system against the defendant, the more likely it is that the jury will smell a fit up and throw the case out. Pressure groups have a skewed view of the world and can be forgiven their myopia, but Government must be more rational and must legislate on principle and compelling evidence alone.
Ministers defy judges on rape law reforms
Lovesick lesbian cried rape to frame an innocent
She cried rape, he must be guilty, right?
Barristers oppose 'dangerous' plans to reform rape law
Professor Jennifer Temkin rides again: devious barristers and ignorant judges
Government to load dice even further against fair trial
More nonsense from this partial New Labour Government