I have made my views plain already concerning successive Governments seeking to rig the trial process to ensure more convictions.
I had heard of the Government's proposed advertising campaign to warn men against indulging in sexual intercourse with inebriated females because it would be treated as rape if the partner complained later of there not having been any real consent. My immediate reaction was to think, "yes, very sensible, but what about advice to young females to avoid drinking too much alcohol in the first place?"
I learn now that the Government is minded to amend the Sexual Offences Act 2003 so that an inebriated female is deemed to be incapable of consenting to sexual intercourse. New Labour's feminist agenda will skew the law heavily against the defendant, if such an amendment is enacted. It is a matter of fairness, pure and simple. Whether or not there was consent is an important issue that should be left to the jury to decide.
If the Government thinks that amending the law in this fashion will result in more men being convicted of rape, it is wrong. Unless the Crown is allowed to rely on some strict formula by which the young lady in question is deemed to have been "drunk" and thereby did not consent,[1] juries, trying to be fair and "do justice" to the case, will continue to make findings of fact that enable them to acquit defendants against whom they feel the prosecution case (in all other respects) had not been proved.[2]
[1] Where, by way of example, if at the material time, the female is found to have more than so many micro litres of alcohol per millilitre of blood, she is deemed by law not to have consented.
[2] There is an element of misogyny in the Government's pronouncements, amongst other things, too. See the article, " If she's blotto, he's a rapist. How absurd" by Mary Wakefield in today's Sunday Telegraph.