Former judge says rape conviction rates will not improve until 'women stop getting so drunk'

Retired judge Mary Jane Mowat said it is an inevitable fact of being 'one person’s word against another' during rape trials

A former judge has claimed rape conviction statistics will not improve until women “stop getting so drunk”.

Retired judge Mary Jane Mowat said it is an inevitable fact of being “one person’s word against another” during rape trials, of which the national conviction rate of cases that go to trial currently sits at 60 per cent.

She told the Oxford Mail conviction rate will not improve unless women stop drinking so heavily.

Judge Mowat, who retired this month, said: “It is an inevitable fact of it being one person’s word against another, and the burden of proof being that you have to be sure before you convict.

“I will also say, and I will be pilloried for saying so, but the rape conviction statistics will not improve until women stop getting so drunk.

“I’m not saying it’s right to rape a drunken woman, I’m not saying for a moment that it’s allowable to take advantage of a drunken woman.

“But a jury in a position where they’ve got a woman who says ‘I was absolutely off my head, I can’t really remember what I was doing, I can’t remember what I said, I can’t remember if I consented or not but I know I wouldn’t have done’. I mean when a jury is faced with something like that, how are they supposed to react?”

A spokesperson for Rape Crisis England & Wales told The Independent that while Judge Mowat makes clear that it is never "allowable" to rape a "drunken woman", her remarks could still be potentially “very harmful”.

Katie Russell said: “The point that she and other influential people within the criminal justice system should be making clearly and publicly is that the legal responsibility is with the defendant in a rape case to evidence how they sought and received consent. 

“And if a woman is incapacitated through drink or drugs then she is not capable of giving her consent."

Ms Russell said only an estimated 15 per cent of all rape victims go to the police, often because of feelings of shame and self-blame or for fear of not being believed or taken seriously.

“If we are ever to improve levels of reporting, and levels of criminal justice for sexual violence survivors, we must remain focussed on the behaviour and culpability of perpetrators, not victims. One hundred per cent of the responsibility for any act of sexual violence lies with its perpetrator."

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Austen Lloyd: Corporate Tax Associate - London

Excellent Package: Austen Lloyd: CITY - HIGHEST QUALITY INTERNATIONAL FIRM - A...

Austen Lloyd: Senior Law Costs - London City

Excellent Package: Austen Lloyd: CITY - EXCELLENT FIRM - We have an outstandin...

Austen Lloyd: In-House Solicitor / Company Secretary - London

Excellent Package: Austen Lloyd: IN-HOUSE - NATIONAL CHARITY - An exciting and...

Austen Lloyd: Commercial Property Solicitor - Exeter

Excellent Salary: Austen Lloyd: EXETER - A great new opportunity with real pot...

Day In a Page

Isis hostage crisis: The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power

Isis hostage crisis

The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power, says Robert Fisk
Missing salvage expert who found $50m of sunken treasure before disappearing, tracked down at last

The runaway buccaneers and the ship full of gold

Salvage expert Tommy Thompson found sunken treasure worth millions. Then he vanished... until now
Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Maverick artist Grayson Perry backs our campaign
Assisted Dying Bill: I want to be able to decide about my own death - I want to have control of my life

Assisted Dying Bill: 'I want control of my life'

This week the Assisted Dying Bill is debated in the Lords. Virginia Ironside, who has already made plans for her own self-deliverance, argues that it's time we allowed people a humane, compassionate death
Move over, kale - cabbage is the new rising star

Cabbage is king again

Sophie Morris banishes thoughts of soggy school dinners and turns over a new leaf
11 best winter skin treats

Give your moisturiser a helping hand: 11 best winter skin treats

Get an extra boost of nourishment from one of these hard-working products
Paul Scholes column: The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him

Paul Scholes column

The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him
Frank Warren column: No cigar, but pots of money: here come the Cubans

Frank Warren's Ringside

No cigar, but pots of money: here come the Cubans
Isis hostage crisis: Militant group stands strong as its numerous enemies fail to find a common plan to defeat it

Isis stands strong as its numerous enemies fail to find a common plan to defeat it

The jihadis are being squeezed militarily and economically, but there is no sign of an implosion, says Patrick Cockburn
Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action

Virtual reality: Seeing is believing

Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action
Homeless Veterans appeal: MP says Coalition ‘not doing enough’

Homeless Veterans appeal

MP says Coalition ‘not doing enough’ to help
Larry David, Steve Coogan and other comedians share stories of depression in new documentary

Comedians share stories of depression

The director of the new documentary, Kevin Pollak, tells Jessica Barrett how he got them to talk
Has The Archers lost the plot with it's spicy storylines?

Has The Archers lost the plot?

A growing number of listeners are voicing their discontent over the rural soap's spicy storylines; so loudly that even the BBC's director-general seems worried, says Simon Kelner
English Heritage adds 14 post-war office buildings to its protected lists

14 office buildings added to protected lists

Christopher Beanland explores the underrated appeal of these palaces of pen-pushing
Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Scientists unearthed the cranial fragments from Manot Cave in West Galilee