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
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
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

Recruitment Genius: Sales Executive - OTE £30,000+

£16000 - £30000 per annum: Recruitment Genius: They are looking for individual...

Recruitment Genius: IT Project Coordinator / Manager

£25000 - £40000 per annum: Recruitment Genius: A Project Coordinator is requir...

Recruitment Genius: Mortgage Advisor - OTE £95,000

£40000 - £95000 per annum: Recruitment Genius: This is an exciting opportunity...

Recruitment Genius: Trainee Vehicle Inspectors / Purchasers

£20000 - £40000 per annum: Recruitment Genius: Trainee Vehicle Inspectors / Pu...

Day In a Page

Greece debt crisis: EU 'family' needs to forgive rather than punish an impoverished state

EU 'family' needs to forgive rather than punish an impoverished state

An outbreak of malaria in Greece four years ago helps us understand the crisis, says Robert Fisk
Gaza, a year on from Operation Protective Edge: The traumatised kibbutz on Israel's front line, still recovering from last summer's war with Hamas

Gaza, a year on from Operation Protective Edge

The traumatised kibbutz on Israel's front line, still recovering from last summer's war with Hamas
How to survive electrical storms: What are the chances of being hit by lightning?

Heavy weather

What are the chances of being hit by lightning?
World Bodypainting Festival 2015: Bizarre and brilliant photos celebrate 'the body as art'

World Bodypainting Festival 2015

Bizarre and brilliant photos celebrate 'the body as art'
alt-j: A private jet, a Mercury Prize and Latitude headliners

Don't call us nerds

Craig Mclean meets alt-j - the math-folk act who are flying high
How to find gold: The Californian badlands, digging out crevasses and sifting sludge

How to find gold

Steve Boggan finds himself in the Californian badlands, digging out crevasses and sifting sludge
Singing accents: From Herman's Hermits and David Bowie to Alesha Dixon

Not born in the USA

Lay off Alesha Dixon: songs sound better in US accents, even our national anthem
10 best balsamic vinegars

10 best balsamic vinegars

Drizzle it over salad, enjoy it with ciabatta, marinate vegetables, or use it to add depth to a sauce - this versatile staple is a cook's best friend
Wimbledon 2015: Brief glimpses of the old Venus but Williams sisters' epic wars belong to history

Brief glimpses of the old Venus but Williams sisters' epic wars belong to history

Serena dispatched her elder sister 6-4, 6-3 in eight minutes more than an hour
Greece says 'No': A night of huge celebrations in Athens as voters decisively back Tsipras and his anti-austerity stance in historic referendum

Greece referendum

Greeks say 'No' to austerity and plunge Europe into crisis
Ten years after the 7/7 terror attacks, is Britain an altered state?

7/7 bombings anniversary

Ten years after the terror attacks, is Britain an altered state?
Beautiful evening dresses are some of the loveliest Donatella has created

Versace haute couture review

Beautiful evening dresses are some of the loveliest Donatella has ever created
No hope and no jobs, so Gaza's young risk their lives, climb the fence and run for it

No hope and no jobs in Gaza

So the young risk their lives and run for it
Fashion apps: Retailers roll together shopping and social networking for mobile customers

Fashion apps

Retailers roll together shopping and social networking for mobile customers
The Greek referendum exposes a gaping hole at the heart of the European Union – its distinct lack of any genuine popular legitimacy

Gaping hole at the heart of the European Union

Treatment of Greece has shown up a lack of genuine legitimacy