The question of whether a rape complainant could or did give free consent to sex is often crucial, CPS says
LONDON (Thomson Reuters Foundation) - Consent to sexual activity is not a grey area and must be fully investigated in rape cases, according to guidelines issued on Wednesday to police and prosecutors in England and Wales.
The freedom and capacity of potential victims to consent to sex in situations involving alcohol, drugs, domestic violence or the suspect holding a position of power over the complainant must be questioned, the Crown Prosecution Service (CPS) said.
The CPS guidelines follow the release of figures last week by the Office for National Statistics (ONS) showing that the number of rapes recorded by police in England and Wales had soared to record levels, which police attributed to improved recording and greater confidence among victims to report crimes.
The CPS, which is responsible for prosecuting criminal cases investigated by the police, said that in rape cases where consent is the issue, prosecutors must ask how a suspect knew the complainant had consented to sex, both freely and knowingly.
"For too long society has blamed rape victims for confusing the issue of consent - by drinking or dressing provocatively for example - but it is not they who are confused, it is society itself and we must challenge that," said Alison Saunders, CPS director of public prosecutions.
"Consent to sexual activity is not a grey area - in law it is clearly defined and must be given fully and freely," Saunders said at the first joint National Rape Conference involving police and prosecutors.
The ability and freedom to consent must also be questioned where a complainant has mental health problems, learning difficulties, was asleep or unconscious, or is financially or otherwise dependent on the alleged rapist, the CPS said.
The CPS is facing a significant increase in caseload, with the number of rape cases going to trial this year expected to be 30 percent higher than in 2012/13, amounting to 550 extra jury trials and 650 extra decisions to charge, Saunders said.
"Rape cases often turn on the issue of consent and it is vital that we all fully understand what that means," she said.
The issue of abusing a position of power is under scrutiny in Britain after a teacher who had sex with a pupil at a school in Kent was found guilty last month of sexual activity with a child by a person in a position of trust, but avoided a prison sentence, according to local media reports.
The judge said the victim, then aged 16, stalked and groomed Stuart Kenner, and gave Kenner an 18-month sentence, suspended for 18 months. The charity Enough Abuse UK said the sentence was unduly lenient, the BBC said. (Reporting By Kieran Guilbert; Editing by Tim Pearce)
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