Clarke and rape sentencing: one day later

Why Miliband's opportunism was just as disgusting.

Sometimes things can seem different one day later.

The unfortunate and crass comments yesterday of Ken Clarke were bad enough. But there was something repellent in how the Leader of the Opposition and the Conservative Right sought to make immediate political capital of Clarke' difficulties.

And so today, what lingers for many is not so much Clarke's offensive tone and seeming complacency, but Miliband's distasteful opportunism in trying to make rape sentencing something to score points with at Prime Minister's Questions. It must have seemed such a good idea at the time, but it does not today.

As this blog set out yesterday, the Criminal Justice system does treat certain rape cases with more severity than others. This is not exceptional, and indeed it has long been settled sentencing policy. This not to say that rape is not rape, but punishments can and do vary according to the presence of aggravating factors. Indeed, no one seriously seems to think that this should not be how rape sentencing should operate.

And this was certainly not the only legal blog to point out that rape sentencing was more complicated than yesterday's media frenzy suggested: see for example former Tory MP and criminal barrister Jerry Hayes, Labour List blogger Ellie Combo, and my fellow liberal lawyer (and also a criminal barrister) Gaijin-San. The legal blog Beneath the Wig correctly observed that the over-reaction to Clarke's comments may even make rational debate on rape policy more difficult. And, as Brian Barber today observes (again at Labour List), the Labour Party should have been supportive of Clarke, not trying to get him sacked.

All this said, Clarke should not have said what he said, and definitely not in the way he said it. But his blunder was at least inadvertent, and it lacked the deliberation of those in his own party and the opposition who exploited and misrepresented the rape sentencing issue so as to try to get a political opponent sacked.

One day later, it is the cynicism of Miliband and others on this issue that disgusts as much as Clarke's original dreadful remarks.


David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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“Trembling, shaking / Oh, my heart is aching”: the EU out campaign song will give you chills

But not in a good way.

You know the story. Some old guys with vague dreams of empire want Britain to leave the European Union. They’ve been kicking up such a big fuss over the past few years that the government is letting the public decide.

And what is it that sways a largely politically indifferent electorate? Strikes hope in their hearts for a mildly less bureaucratic yet dangerously human rights-free future? An anthem, of course!

Originally by Carly You’re so Vain Simon, this is the song the Leave.EU campaign (Nigel Farage’s chosen group) has chosen. It is performed by the singer Antonia Suñer, for whom freedom from the technofederalists couldn’t come any suñer.

Here are the lyrics, of which your mole has done a close reading. But essentially it’s just nature imagery with fascist undertones and some heartburn.

"Let the river run

"Let all the dreamers

"Wake the nation.

"Come, the new Jerusalem."

Don’t use a river metaphor in anything political, unless you actively want to evoke Enoch Powell. Also, Jerusalem? That’s a bit... strong, isn’t it? Heavy connotations of being a little bit too Englandy.

"Silver cities rise,

"The morning lights,

"The streets that meet them,

"And sirens call them on

"With a song."

Sirens and streets. Doesn’t sound like a wholly un-authoritarian view of the UK’s EU-free future to me.

"It’s asking for the taking,

"Trembling, shaking,

"Oh, my heart is aching."

A reference to the elderly nature of many of the UK’s eurosceptics, perhaps?

"We’re coming to the edge,

"Running on the water,

"Coming through the fog,

"Your sons and daughters."

I feel like this is something to do with the hosepipe ban.

"We the great and small,

"Stand on a star,

"And blaze a trail of desire,

"Through the dark’ning dawn."

Everyone will have to speak this kind of English in the new Jerusalem, m'lady, oft with shorten’d words which will leave you feeling cringéd.

"It’s asking for the taking.

"Come run with me now,

"The sky is the colour of blue,

"You’ve never even seen,

"In the eyes of your lover."

I think this means: no one has ever loved anyone with the same colour eyes as the EU flag.

I'm a mole, innit.