Clause 1 - Rape
Sexual Offences Bill [Lords]
10:30 am
Ms Vera Baird (Redcar, Labour)
It is interesting to contemplate how things might work. Currently in rape cases, jury members know that they have to deal with consent so they have that in the forefront of their mind, but as soon as the man gives evidence that he believed that the woman was consenting—just by going into the witness box and saying that she was—he raises the other defence as well. I wonder whether juries bother to unwrap that or whether they think, ''We're not sure whether she was consenting or not, but, whatever we think, he thought she was, so that's how it goes.'' Now they will have to stop before they do that and say, ''We must unpack the two and ask ourselves the second question: was it reasonable for him to take that view?'' I think and hope that that will happen.