Blunkett to restrict date-rape defence

Men accused of rape would be restricted from arguing that their alleged victim consented to sex while drunk or drugged under controversial changes to the law being finalised by the Home Secretary.

David Blunkett is likely to adopt proposals to change the law on consent in so-called "date rapes" to make it far more difficult for sex offenders to argue that their alleged victim had been a willing partner.

While no final decision has yet been taken, Home Office sources said yesterday that the central issue with rape was one of consent.

Under the likely changes, judges will be able to throw out a defence case that argues that an alleged rape victim consented while incapable because of the excessive consumption of alcohol or drugs. They will also be allowed to reject a defence of consent in cases where the man did not make a reasonable attempt to ascertain the consent of his sexual partner.

Home Office ministers want to use a sexual offences Bill to increase the conviction rate for rape, which is 9 per cent. A recent report found that 45 per cent of rapes were carried out by the victim's partner and 8 per cent by strangers.

With the greater use of DNA evidence to prove that intercourse took place, defence lawyers are increasingly arguing that their clients had sex with consent. The issue of date rape has been highlighted by the television presenter Ulrika Jonsson, who claims she was sexually assaulted by a colleague.

Mr Blunkett looks set to accept proposals made in a Home Office review, "Setting the Boundaries", produced in 2000, which suggested changing the rules on consent to restrict the use of the "honest belief" defence that allows a man to argue he genuinely believed his alleged victim was consenting, even if she or he was not.

The review said: "A defence of honest belief in free agreement should not be available where there was self-induced intoxication, recklessness as to consent, or if the accused did not take all reasonable steps in the circumstances to ascertain free agreement at the time."

The proposals are due to be published in a Home Office discussion document at the end of November. It is likely to reject appeals to offer alleged rapists anonymity.

The reforms are expected to include legislation to ensure incest covers step-parents and a new crime of "adult sexual activity with a child" would replace seven different offences covering child abuse.

Mr Blunkett said no agreement had been reached on the proposed changes to the law.