This article first took shape in my mind when I was regaled with a fairly baffling anecdote regarding a couple of University of Bath students. A female fresher, who shall remain nameless, was sitting outside Parade with an acquaintance of mine, when a male walked past. After waving to the random male, she turned and uttered the immortal line “That’s rapey...(name removed), he tried to rape me”, then calmly returned to her drink. This anecdote led to a discussion between my acquaintance and I as to how common an occurrence rape might be in campus life, and how people react to it. This was not about a little bit of inappropriate grinding on the dance floor; the guy in the anecdote was apparently quite determined to take the girl back to his house, and only the actions of a concerned friend prevented this from happening.
I don’t think it’s going too far to say that many males at university know of somebody who has taken a girl home from a party who may have not been in full control of their faculties. The moot point here is whether this counts as rape. If you are taking any girl home after a university party, there is a fair chance that she will have imbibed some alcohol at some point in the evening. If she has had one drink, does this mean it is rape? Most likely not, provided the drink is not spiked. Does this mean that if you have to carry the girl back to your bed there is no problem? I would argue, and I am sure I am not alone in my thinking, that this could potentially be rape. If the girl is not in control of her faculties, how can she consent? Therefore, the question seems to be one of degrees. This takes us to the idea of reasonable belief in consent. According to the Sexual Offences Bill, a rape has been committed if the victim is asleep or otherwise unconscious at the time of the act, among other reasons.
Based on a recent survey commissioned by Haven, a charity offering support for victims of rape, one third of women believe the victim of rape should assume some responsibility if they dressed provocatively or accepted the offer of a nightcap. While in this day and age, to the dismay of some, it is not uncommon to see women inebriated in public, or wearing short skirts, the idea that this lessens their right not to be forced to have sex seems to be deeply flawed. To be raped, it is commonly accepted, is one of the most horrific experiences a person can be subjected to. The fact that, according to Home Office statistics from 2001, only six percent of rape allegations result in a conviction is a sincerely horrifying statistic. Contrary to popular belief, the idea of the stranger in the dark alley is not how people get raped. Statistics from the charity Rape Crisis state that 80 percent of people who make an allegation of rape make it against a person known to them. Often, this is more than a person they met in a bar, it is somebody they have had a relationship with.
Perhaps the most shocking statistic of all is that spousal rape, whereby a married person is forced to have sex against their will, only became a criminal offence in England and Wales in 1991. That means, for the generation before ours, being married meant waiving your right to refuse sex with your partner. This is absolutely abhorrent, and the fact that it is no longer the case correct in every way. The ambiguity towards rape that seems to be increasing in society seems to represent the opposite of the progress that was made. The attitude of society as a whole must be reflected in the criminal justice system. A 2007 report into the way rape allegations are handled was intensely critical of the attitude of police officers. This insensitivity makes it less likely that allegations even make it to court. If it does make it to court, given people are convicted by a jury of their peers, societal attitudes to rape must have an impact. All I ask is that you at least consider these points if you ever see a hammered girl being shepherded out of the door of a party or if an acquaintance regales you with an “amusing” anecdote; this couldn’t be further from a laughing matter.
Post new comment