Allow convictions for rape and sexual assault if defendant cannot prove consent

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Allow convictions for rape and sexual assault if defendant cannot prove consent

Petition Details

Change the law in the case of rape and sexual assault so that the alleged perpetrator would have to obtain affirmative consent to the act and could be convicted if they cannot prove in court they did so. No longer having to rely on one word against the other as consent would have been obtained.

Additional Information

In the last decade there has been a substantial increase in the number of reported rapes and sexual assaults, with particularly high prevalence for young women. The difficulties securing prosecution and conviction, even if the case does get before the criminal system, has created a perception that people can 'get away' with these offences. If the onus of proof was not with the victim, but with the alleged perpetrator, conviction rates could be improved. The Government could consider the various ways in which consent could be obtained and how to mitigate for 'forced consent'.

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