Clause 1 - Rape
Sexual Offences Bill [Lords]
11:15 am
Mr Humfrey Malins (Woking, Conservative)
I beg to move amendment No. 22, in
clause 1, page 1, line 14, leave out from 'conviction'
to end of line 15 and insert—
'(a) if the offence occurs during or after an acknowledged sexual relationship between the parties to a term of 5 years imprisonment.
(b) otherwise, to imprisonment for life.'.
We do not propose that the Committee votes on the amendment. It is designed to stimulate a much-needed debate on the different types of rape. I use that phrase advisedly because to many of us there are two different types of rape, both of which are equally serious, and I want the Committee to hear my thoughts on them. By introducing the amendment, I want to stimulate a discussion about sentencing and, in particular, conviction rates in rape cases.
I start with a stark example of what can and does happen. A jury is faced with a 26-year-old defendant with no previous convictions, and who is in every respect, save for the present incident, a young man of good character and behaviour. He is charged with the rape of a woman of similar age, with whom he has had an acknowledged sexual relationship in the
past. In cases of that sort, it is very difficult for the jury. They are aware that the guideline sentences for rape are severe, and they are faced with the question—
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put.
Adjourned till this day at half-past Two o'clock.