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Plymouth Law Review

Eleanor Avery

Document Type

Graduate Article

Abstract

This article examines the role that rape myth acceptance (RMA) and societal misconceptions play, in shaping the experience that victims of acquaintance rape are presented with, both culturally and legally. The utilisation of RMA by all bodies of the criminal justice system (CJS) as an essential movement away from the merits-based approach as set out in the Sexual Offences Act 2003 will be analysed in detail. Legal fictions surrounding the presumption of innocence, inclusion of third party and prior sexual history evidence alongside perceived complainant credibility and veracity can all be considered as factors influencing the unprecedentedly low prosecution rate for acquaintance rape. Taking into consideration the current High Court action against the CPS for their failings to prosecute rape cases at the same rate as other violent crimes, this article will examine the legitimacy of Andrea Simon’s (EVAW) comment that there has been an ‘effective decriminalisation of rape’.2 In light of this statement, the role that campaigns advocating for gender equality, victim empowerment and legal reform, will play in the future development of rape law will also be examined.

Publication Date

2019-01-01

Publication Title

The Plymouth Law Review

Volume

1

Issue

1

First Page

33

Last Page

58

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