Ken Clarke is wrong on rape – but many seem to agree with him

The Justice Secretary’s latest comments on rape reveal a depressingly common prejudice.

Kenneth Clarke has become the latest public figure to make some rather odious remarks about rape. During an interview on Radio 5 Live, discussing the coalition's plans to reduce sentences for those who plead guilty to rape, the Justice Secretary said:

Serious rape, I don't think many judges give five years for a forcible rape – frankly, the tariff is longer for that – and a serious rape where there's violence and an unwilling woman, the tariff's much longer than that. [Emphasis added]

When the show's presenter, Victoria Derbyshire, challenged Clarke, saying that "rape is rape", he responded: "No, it's not."

Clarke compounded his error a few minutes later when he appeared on Sky and talked about "classic rape, where someone jumps out from behind a bush". Before, finally, mentioning the phrase "serious, proper rape".

Following these comments, Ed Miliband called during Prime Minister's Questions for the Justice Secretary to resign. Clarke is certainly guilty of using extremely sloppy language in discussing a very sensitive issue. He is also guilty of fundamentally misunderstanding many of the problems that surround attitudes to rape in the UK.

Many people think that there is, as he seems to contend, a scale of rape – with random attacks in parks at the top and date rape at the bottom. A significant proportion of the population agrees with him. In one study, 30 per cent of those surveyed said that a woman was partly or totally responsible for being raped if she was drunk.

This attitude is completely wrong – and when it comes from the mouth of the Justice Secretary it is unhelpful, to say the least. The fact is that most rapes are not what Clarke calls "classic rapes". More than half of all rapes are committed by people known to the victim, according to the Fawcett Society.

As Justice Secretary, he should know this. A rape is a rape is a rape. Whether the attacker is known to the victim and where it takes place are both irrelevent. At the very least, Clarke should apologise for his offensive, stupid remarks.

UPDATE: Listen to the full interview below.

UPDATE #2: Ken Clarke has attempted to clarify his comments below:

He said: "What is happening is what always happens in politics, I'm not surprised by this, people are slightly spinning, loading what I said in order to get what I regard as false indignation.

"I think rape is a serious crime. Always gets a long sentence. It should do. I'm not proposing to reduce the penalty for rape in any way. The proposal I'm making, a discount for an early plea, applies to every criminal offence in the book. It has good reason for it."

Update #3: My colleague David Allen Green has blogged on the legal issues of Clarke's comments.

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The Taliban's succession crisis will not diminish its resilience

Haibatullah Akhunzada's appointment as leader of the Taliban may put stress on the movement, but is unlikely to dampen its insurgency. 

After 19 years under the guidance of the Taliban’s supreme leader Mullah Omar, the group has now faced two succession crises in under a year. But although Haibatullah Akhunzada’s appointment as leader of the Taliban will likely put stress on the movement, it shows few signals of diminishing its renewed insurgency.

The news pretty much ends speculation about former leader Mullah Akhtar Mansour’s death in a US airstrike in Pakistan’s south-western Baluchistan province, which was criticised by Islamabad as a violation of its sovereignty.

The Taliban would have prepared extensively for this eventuality. The fast appointment, following days of intense council, appears to be a conspicuous act of decisiveness. It stands in contrast to the two-year delay the movement faced in announcing the death of the Mullah Omar. It will be not be lost on the Taliban that it was subterfuge around the death of Mullah Omar that caused the fracture within the movement which in turn led to the establishment of an ISIS presence in the country.

The appointment is a victory for the Taliban old guard. As former head of the Taliban's judiciary and Mullah Mansour’s deputy, in many ways, Haibatullah is a natural successor. Haibatullah, described by Afghanistan expert Sami Yousafzai as a “stone age Mullah,” demonstrates the Taliban’s inherent tendency to resort to tradition rather than innovation during times of internal crisis.

The decision taken by the Taliban to have an elder statesman of the group at the helm highlights the increasing marginalisation of the Haqqani network, a powerful subset within the Taliban that has been waging an offensive against the government and coalition forces in northwest Pakistan.

Sirajuddin Haqqani, the leader of the Haqqani network who already has a bounty of 5 million dollars on his head, was touted in some Taliban circles as a potential successor, however the decision to overlook him is a conservative move from the Taliban. 

The Taliban’s leadership of the jihad against the Afghan government is hinged on their claims to religious legitimacy, something the group will hope to affirm through the Haibatullah’s jurisprudential credentials. This assertion of authority has particular significance given the rise of ISIS elements in the country. The last two Taliban chiefs have both declared themselves to be amir ul-momineen or ‘leader of the faithful,’ providing a challenge to the parallel claims of ISIS’ Abu Bakr al-Baghdadi.

Any suggestions that Mansour’s death will lead to the unravelling of the Taliban are premature. The military targeting of prominent jihadi leaders within group structures has been seen in operations against the leadership of ISIS, al-Qaeda in the Arabian Peninsula, al-Qaeda in the Islamic Maghreb, and other groups.

In recent research for the Centre on Religion & Geopolitics, we found that it is often less prominent jihadis that play an integral role in keeping the movement alive. Targeted killings do create a void, but this often comes at the expense of addressing the wider support base and ideological draw of militant outfits. This is particularly relevant with a relatively decentralised movement like the Taliban.

Such operations can spur activity. If the example of the Taliban’s previous leadership succession is to be heeded, we might expect renewed attacks across Afghanistan, beyond the group’s strongholds near the eastern border with Pakistan. The brief capture of Kunduz, Afghanistan's fifth-largest city, at the end of September 2015, was a show of strength to answer the numerous internal critics of Mullah Mansour’s new leadership of the movement.

In a news cycle dominated by reports of ISIS, and to a diminishing extent al-Qaeda, atrocities, it is important to comprehend the renewed brutality of the Afghan insurgency.  Data from the Centre on Religion and Geopolitics Global Extremism Monitor found a seventeen per cent rise in fatalities from March to April, marking the start of the Taliban’s spring fighting season. A suicide attack in central Kabul on the headquarters of an elite military unit that killed 64 people was the single most deadly act of terror around the world in the month of April, and the group’s bloodiest attack in the Afghan capital for years. Reports this morning of a suicide attack on a bus killing 10 staff from an appeal court west of Kabul, suggests that the violence shows no sign of diminishing under the new leadership.

All these developments come during a period of renewed impetus behind international peace talks. Last week representatives from Pakistan were joined by delegates from Afghanistan, the United States, and China in an attempt to restart the stalled negotiation process with the Taliban.

Haibatullah Akhunzada’s early leadership moves will be watched closely by these countries, as well as dissonant voices within the movement, to ascertain what the Taliban does next, in a period of unprecedented challenge for the infamously resilient movement. 

Milo Comerford is a South and Central Asia Analyst for the Centre on Religion and Geopolitics