Understanding Rape and Sexual Assault

Introduction

The advancement of digital technology, as well as the usage of social media has made many victims to become much accessible to internet predators and as such, new offences resulting from technology use have also emerged. However much new legislations, as well as policies have been implemented to aid in supporting victims, it is evident that the element of victim blaming is still seen and this is inflamed by the media, and technology, especially in high profile cases. Clearly, the issue of consent poses to be highly emotive and also subjective and it contributes to cases of victim blaming, thus resulting into lack of convictions. Based on a critical analysis of the case of two student, Marsha and Vinny, this paper purposes to expound on the issue of rape and sexual assault in the UK, thus explaining the sexual offences and the issue of consent with regards to sexual assault. Moreover, this paper focuses on reporting of rape cases to the police, and thus looks into the how victims are treated by the criminal justice system (CJS), whilst putting into consideration the perception of the media and society on rape and sexual crimes. Moreover, it also expounds on the sentencing outcomes of sexual predators and also explains the roles that social media and technology plays in relation to sexual and violent crime.

Rape and Sexual assault in the UK law

Rape poses as a statutory offence in the UK and according to the English law, it occurs, when a man penetrates a woman with his penis without the woman consenting to it (Cps.gov.uk., 2019). On the other hand, the English law recognizes that sexual assault is an act, whereby a person sexually touches another person intentionally without that person having consented to the act, or rather, a when a person physically forces another person to the act of engaging in a sexual act without their consent and against their will. Waxman (2019) points out that rape and sexual assault are devastating and also life-changing crimes. However, the public consciousness misrepresents or misunderstands them. The case between Marsha and Vinny represents a case of rape, owing to the fact that Vinny took advantage of Marsha’s severe intoxication and forcefully abused her sexually. Even to a point where Marsha cried, asking him to stop, he ignored and continued penetrating his penis inside her vagina and consequently ejaculated inside her. It is then clear that Vinny penetrated his penis insider her without her consent and this is clearly rape. Moreover, he forcefully engaged her into the sexual act and this represents a sexual assault.

Sexual Offences Act 2003, section 1 (a) points out that a person commits an offence if he intentionally penetrates an anus, mouth or the vagina of another person with his penis. Moreover, section 1 (b) of the Act also denotes that an offence is also created when the person penetrated into does not consent to the penetration. In addition, section 4 (a) of the same act points out that a person is guilty of an offence in an instance where he intentionally forces another individuals to engage in a sexual activity without consent. Section 74 of the Sexual Offence Act 2003 notes that a person’s consent is only known when he or she agrees by choice and also has both capacity and freedom of making that choice (Legislation.gov.uk., 2019). Relating this to the case of R V Evans, where a 19-year-old waitress got severely intoxicated after taking alcoholic drinks consisting of 2 glasses of wine, 4 double vodkas, mixed with lemonade and a single shot to Sambuca. She reported to the police that she felt tipsy and slept off. However, she woke up and found herself naked in a hotel bed with no memory of what happened the previous night. Notably, McDonald had met her on the streets and headed with her behind the hotel and Evans later joined them. The two men made claims that they had sex with the waitress separately but with her consent as they also claimed that she was not severely intoxicated and that the claim she made that she had a memory loss was a lie. However, on 20 April of the year 2012, it is evident that based on the verdict of the jury, McDonald was acquitted. However, Evan was found guilty of rate and as such, he was sentenced to 5 years imprisonment. The judge noted that the waitress was 19 years and due to the too much drinking, she was extremely intoxicated. Due to this, she was not in a better condition of having sexual intercourse, thus implying that the act was not by her consent (Newton, 2019). Similarly, it is clear that Marsha slept off due to severe intoxication and as such, she was not in her right mind to make any decision on any choice, thus implying that the sexual engagement was not by her consent.

Section 75 (1) of the Sexual Offences Act 2003 notes that evidential presumptions regarding consent are (a) if the defendant actually did the act. It is significant to note that Vinny did the act as Marsha had proof of ejaculation. Moreover, the naked pictures of Marsha were able to reach the WhatsApp group because it is evident that Vinny assaulted her. In this regard, a complainant is regarded to have not consented to the act unless sufficient proof has been adduced, thus raising an issue on whether he consented (Legislation.gov.uk., 2019). Notably, the Sexual Offence Act 2003 has improved from the Sexual Offence Act 1956, owing to the fact that it has made new provisions regarding sexual offences. In line with this fact, it has been able to reform the law on various sexual offences, in order to reflect of the dynamic changes as seen in social attitudes. Notably, the government expressed a significant belief that the 1956 laws, which included rape laws were notably out of date and as such, the new Act was designed with the purpose of reforming rape and sexual assault laws, thus providing victims with greater protections (Ons.gov.uk., 2019).

Reporting of rape cases to the police

It is understandable for most victims to choose not to report cases of being raped, or some of them would report long after the incident had occurred (GOV.UK., 2019). The latter is in the face of choosing between remaining silent by trying to maintain their home, social or even working life normality or choosing to pursue justice with the effects it has to family, community and the livelihood that may be accompanied by it. It is evident that for the victims that often choose not to report, their relationship with the predator often remains a vital consideration when their case is put on the table. In this regard, their relationship with the predator would be thoroughly scrutinized in the course of the investigation and also pored over by the prosecution and defence in the court of law (Waxman, 2019). Clearly then, it is evident that public services in the UK play a vital role in securing justice, as well as supporting victims of rape, and as such, they are obligated to understand and also be equipped enough to be able to respond to various traumatized victims that have complex needs immediately a report has been made to them. Moreover, they should be available at every stage of the case. It is then expected that practitioners in the victim support services, the court, as well as the police service that are working daily with the victims to have sufficient training, time, as well as the resources required, in order to be able to do their work effectively and to the best of their abilities. However, it is clear that this is never the case (Waxman, 2019). Significantly, Marsha ought to report the rape case, as well as cyber bullying to the police, in order for appropriate legal action to be taken against Vinny, owing to the fact that he took advantage of her situation to send her naked pictures to WhatsApp, which is a social platform, thus exposing her nudity to the public.

In the UK, over 80% of rape victims fail to report their rape escapades to the police. Yet, it is worth noting that how the criminal justice systems treat victims is not only vital to the victims but also poses a signal to the society on the way sexual violence ought to be viewed (Rapecrisis.org,uk., 2019). As such, it is evident that poor treatment of the victims plus a perception associated with lenient sentencing often provides a negative signal to the society and it perceives that the justice system decriminalizes rape and sexual assault and this ought not to be permitted. In line with this, it is notable that about 60 per cent of rape and sexual assault victims in the UK have negative experiences with the CJS and this is clearly a problem that Marsha may also face, which may hinder her from reporting her case to the police (Rapecrisis.org.uk., 2019). It would not be advisable for her to remain silent though, as legal action needs to be taken against Vinny. Moreover, not only does CJS poses negative experiences to victims but also institutions such as Warwick University. For instance, when it had a rape chat scandal, where it was evident that the university dealt badly with the complaints of two students that had been made subjects to violent sexual comments that some male undergraduates exchanged. When they reported their case to the school authority, two of the male students were suspended for 10 years but they appealed their case, it was then cut to just one year and that implied that they resumed classes, prior to the two female victims completing their studies. Notably, the two women sued the university of negligence, as well as discrimination as the women felt terrified as they were faced with the bound prospect of always seeing the men while in school (Cps.gov.uk., 2019).

Clearly, the UK has significant laws, which give rape and sexual assault victims enough time to report their cases to the police. Some of the ways in which Marsha could have used to report her case was through calling 999, in order to contact a local police immediately she realized she was raped. Another significant means was to contact the areas local police department or rather, visit a nearby police station in person. In line with this, she could opt to contact the school’s law enforcement department. Moreover, she could visit a medical facility for treatment of injuries that may have resulted from the sexual assault and tell the health professional that she wished to report the criminal act. However, it is clear that the police service is often put under pressure as perpetrators often work with the police who do not have enough training on their ethics to withdraw support that ought to be given to the victims. For this reason, it is clear that in the UK this year, approximately 58,000 reports on rape and sexual assault have been made, but just about 1,800 accused perpetrators have been charged, based on a given sexual offence and this raises question on what the criminal justice agencies do (GOV.UK., 2019).

It is worth noting that the police are not effective on victim code (Safeline- Believe in you- Surviving sexual abuse and rape, 2019). Victim code refers to the code of practice, required for victims of crime. It is a statutory code, which sets out the level of services that rape and sexual assault victims ought to receive from the CJS. Owing to the negligence of the police service, it is clear that failure to adhere to the victim code implies that the police fail to take detailed and significant information presented to them by the victims (Rapecrisis.org.uk., 2019). Moreover, the victims are not supported and as such, they do not get the justice they deserve. Of importance to also take note of is the fact that the code purposes to cover the every stage of the justice process and this is from when a victims reports a rape crime to the post-trial stage and neglect implies that the CJS is to blame. Clearly, a reason why the police may decide to ignore following the victim code is simply to cut budgets that may be accrued in the entire process. Notably, courts are obligated to provide special measures for victims and one important measure is to ensure their anonymity. The UK Supreme Court’s obligation towards upholding the criminal code ensures that it bans victim identity and as such, it is worth noting that the complainant has a right of remaining anonymous (Cps.gov.uk., 2019). The reason for concealing identity is that anonymity in some cases often brings fresh evidences, as well as witnesses to the bench and it also protects the victims from further violence that they may face from the perpetrators.

Sentencing outcomes for rape and sexual offences

In the UK, in instance where an individual has been accused of engaging in a sexual offence, the consequences could be severe also long-term. Based on the Sexual Offences Act 2003, some offences are considered to be much serious as compared to others, owing to the fact that punishments are decided in accordance to the offence and also based on what the court regards to be aggravating, as well as mitigating factors. Notably, punishments, as well as sentencing outcomes for rape, and sexual offences are decided according to the sentencing council guidelines (Sentencingcouncil.org,uk.,2019). A good example of a sentencing, puts into consideration, the Rotherham child exploitation case, where 5 men were sentenced for 63 years after they were convicted of various child sexual abuse offences and these included rape, as well as sexual assault. It is worth noting that the men were found guilty of grooming and also exploiting young girls. It was clear to the Sheffield Crown Court that the men were in the habit of targeting and exploiting the teenagers prior to subjecting them to acts that were degrading and also violent in nature (Who.int., 2019). Similar to this case, Vinny out to face a legal sentencing, however, the consequences of his actions, which result into sentencing should be decided based on the sentencing council guidelines.

The sentencing outcomes for rape are in accordance with the Sexual Offences Act 2003, section 1, whereby, the maximum sentence is life imprisonment. Starting with rape, it is a serious offence as stipulated in section 224 and also section 225 of the Criminal Justice Act 2003. The sentencing for Vinny for rape would be as follows: First, the court would determine his offence category and this would be under the harm category as having ejaculated inside Marsha, it could result into pregnancy or an STI infection. Another category that would befall him is the culpability A category, for he took pictures of the offence and aired them in a WhatsApp group consisting of male students. In this regard, the could then determine the starting point, as well as the category range of his offence. Based on the table below, regardless of any consideration, the court would sentence him to 9-13 years imprisonment.

It is also clear that Vinny ejaculated inside Marsha, which is regarded as an aggravating factor and this would result into an upward adjustment from the aforementioned starting point. However, there are various factors, which the court can consider to reduce his sentencing term. For instance, whilst taking into account the Serious Organised Crime and Police Act, under section 73 and 74 concerned with the reduction of the sentence review, the court can reduce his sentence. Moreover, the court would consider the reduction for guilty plea in accordance with the Criminal Justice Act 2003, section 144. It is also significant to take note of the fact that the court would as well consider other ancillary orders that could apply and based on the Criminal Justice Act 2003, section 174, it would impose a significant duty of explaining the possible effects of the sentence provided. Finally, it is evident that based on the Criminal Justice Act 2003, section 240A, the court would consider whether to give significant credit for the time that the perpetrator had spent on bail (Sentencingcouncil.org,uk., 2019).

Moreover, it is also evident that Vinny is guilty of sexual assault and this is in accordance with the stipulations in the section 3 of the Sexual Offences Act 2003 and the maximum sentencing for such an offence is 10 years. In this regard, the court would determine his offence category, which is clearly falling under the harm category 2, owing to the fact that there was additional degradation as he uploaded Marsha’s naked pictures to a male dominated WhatsApp group. Based on the table below, the court will sentence him for 1-4 years.

It is clear that aggravating factors such as disposing of the evidence of the sexual engagement to a WhastApp group would make the court make an upward adjustment to his sentencing. However, there are some cases, which the court may consider to reduce his sentencing. For instance, taking into account the Serious Organised Crime and Police Act, under section 73 and 74 concerned with the reduction of the sentence review, the court can reduce his sentence. Moreover, the court would consider the reduction for guilty plea in accordance with the Criminal Justice Act 2003, section 144. Notably, the court would as well consider other ancillary orders that could apply and based on the Criminal Justice Act 2003, section 174, it would impose a significant duty of explaining the possible effects of the sentence provided. Finally, it is evident that based on the Criminal Justice Act 2003, section 240A, the court would consider whether to give significant credit for the time that the perpetrator had spent on bail (Sentencingcouncil.org,uk., 2019).