Judges told: slash jail terms for rapists
· Row over new violent crime guidelines
· Sex assault sentences cut by 15 per cent
Jail sentences for rapists are to be slashed under controversial new guidelines for judges revealed just days before an official campaign against rape is launched by the government.
In a move which critics warned would deter traumatised women from reporting sex crimes, the Sentencing Guidelines Council (SGC) is to recommend that future sentences for rape and other sexual offences be cut by 15 per cent for most offenders.
The Observer can reveal that the council, an independent body advising the judiciary on how to interpret the law, will argue that men should serve shorter sentences because the prison regime is now 'more demanding'.
In a separate move, it is also expected to recommend shortly that men convicted of domestic violence could escape jail terms if they convince the courts they are capable of changing. Instead they would be sent on courses in the community challenging their attitudes to women.
These moves would relieve pressure on Britain's overcrowded prisons. But MPs and women's groups said they sent the wrong message about the crimes many women fear most, while victims could be dissuaded from the ordeal of testifying if they feared the result would only be a short sentence.
The proposals appear sharply at odds with government attempts to tackle violence against women, coming amid a Home Office advertising campaign warning men to seek women's consent to sex and new plans from the Attorney General to boost rape convictions.
'There has been a big struggle to get rape and domestic violence recognised as serious, terrible crimes and I do have concerns,' said Julie Morgan, the Labour MP and chair of the all-party group on sex equality. 'It is a terrible struggle for women to bring these cases to court, and I don't think we ought to give the message that we think these crimes should be dealt with in a lighter way.'
Domestic violence kills one woman every two to three days in the UK, while the British Crime Survey recently estimated one in 20 women has been raped. The proposals to cut rape and sexual offence sentences - in line with proposals for other violent crimes like robbery - will be published for consultation, with guidelines finalised later this year. The average sentence for rape is now seven years and four months. Joanne Savage, secretary to the SGC, said it took into account the argument that custodial sentences had become 'more demanding' recently, with those sent to prison spending at least half their sentence behind bars. Once released they are placed under supervision, often with strict restrictions until the end of their licence period.
'This is a significant change and people released into the community under supervision from probation officers are at greater risk of being recalled,' Savage said. The move will not affect rapists already in prison ... In some cases rape must still mean life sentences.
Controversially, the council will also set out grounds where 'mitigating circumstances' will be taken into account. They are expected to include cases involving 'sexual familiarity' between rapist and victim before the attack.That could mean a woman and a man becoming intimate with the woman later refusing full sex, only to be overpowered. Such 'date rapes', where victims know their attacker, are the most common form of rape.
Critics accused the government of allowing a U-turn on violent crime. 'Given that the earlier policy [of longer sentences] contributed to the fall in crime since the mid-Nineties, the new strategy will jeopardise public safety and the key target to reduce crime by 15 per cent by 2008,' said Blair Gibbs, crime research officer at the right of centre think-tank Reform.
Rape charities said the changes risked damaging women's confidence in the legal system. 'The decision on whether to go to court will be harder if women think the rapist will not receive an adequate sentence,' said a spokeswoman for South Essex Rape and Incest Crisis Centre.
The domestic violence proposals would affect men committing sufficiently violent attacks to be jailed, but able to convince the courts there was a 'real prospect' of rehabilitation outside.
A Home Office spokesman stressed the SGC was totally independent.
Jamie Doward and Gaby Hinsliff
Sunday March 12, 2006
The Observer
Guardian Unlimited
© Guardian Newspapers Limited 2006
· Row over new violent crime guidelines
· Sex assault sentences cut by 15 per cent
Jail sentences for rapists are to be slashed under controversial new guidelines for judges revealed just days before an official campaign against rape is launched by the government.
In a move which critics warned would deter traumatised women from reporting sex crimes, the Sentencing Guidelines Council (SGC) is to recommend that future sentences for rape and other sexual offences be cut by 15 per cent for most offenders.
The Observer can reveal that the council, an independent body advising the judiciary on how to interpret the law, will argue that men should serve shorter sentences because the prison regime is now 'more demanding'.
In a separate move, it is also expected to recommend shortly that men convicted of domestic violence could escape jail terms if they convince the courts they are capable of changing. Instead they would be sent on courses in the community challenging their attitudes to women.
These moves would relieve pressure on Britain's overcrowded prisons. But MPs and women's groups said they sent the wrong message about the crimes many women fear most, while victims could be dissuaded from the ordeal of testifying if they feared the result would only be a short sentence.
The proposals appear sharply at odds with government attempts to tackle violence against women, coming amid a Home Office advertising campaign warning men to seek women's consent to sex and new plans from the Attorney General to boost rape convictions.
'There has been a big struggle to get rape and domestic violence recognised as serious, terrible crimes and I do have concerns,' said Julie Morgan, the Labour MP and chair of the all-party group on sex equality. 'It is a terrible struggle for women to bring these cases to court, and I don't think we ought to give the message that we think these crimes should be dealt with in a lighter way.'
Domestic violence kills one woman every two to three days in the UK, while the British Crime Survey recently estimated one in 20 women has been raped. The proposals to cut rape and sexual offence sentences - in line with proposals for other violent crimes like robbery - will be published for consultation, with guidelines finalised later this year. The average sentence for rape is now seven years and four months. Joanne Savage, secretary to the SGC, said it took into account the argument that custodial sentences had become 'more demanding' recently, with those sent to prison spending at least half their sentence behind bars. Once released they are placed under supervision, often with strict restrictions until the end of their licence period.
'This is a significant change and people released into the community under supervision from probation officers are at greater risk of being recalled,' Savage said. The move will not affect rapists already in prison ... In some cases rape must still mean life sentences.
Controversially, the council will also set out grounds where 'mitigating circumstances' will be taken into account. They are expected to include cases involving 'sexual familiarity' between rapist and victim before the attack.That could mean a woman and a man becoming intimate with the woman later refusing full sex, only to be overpowered. Such 'date rapes', where victims know their attacker, are the most common form of rape.
Critics accused the government of allowing a U-turn on violent crime. 'Given that the earlier policy [of longer sentences] contributed to the fall in crime since the mid-Nineties, the new strategy will jeopardise public safety and the key target to reduce crime by 15 per cent by 2008,' said Blair Gibbs, crime research officer at the right of centre think-tank Reform.
Rape charities said the changes risked damaging women's confidence in the legal system. 'The decision on whether to go to court will be harder if women think the rapist will not receive an adequate sentence,' said a spokeswoman for South Essex Rape and Incest Crisis Centre.
The domestic violence proposals would affect men committing sufficiently violent attacks to be jailed, but able to convince the courts there was a 'real prospect' of rehabilitation outside.
A Home Office spokesman stressed the SGC was totally independent.
Jamie Doward and Gaby Hinsliff
Sunday March 12, 2006
The Observer
Guardian Unlimited
© Guardian Newspapers Limited 2006
