Keir Starmer's report on rape allegations tells us more about their nature than their number

The CPS review of false rape allegations doesn't offer any clear answers.

 

The Director of Public Prosecution, Keir Starmer, is understandably keen to dispel the damaging myths and stereotypes which are associated with rape cases. “One such misplaced belief is that false allegations of rape and domestic violence are rife," he says.

It is probably true that the prevalence of such cases is often overestimated. Most credible research places false allegations at between about two and ten per cent of all complaints, the difference between a small minority and a tiny minority. However, the new review does not, and indeed cannot contribute any kind of estimate of the extent of false allegations, its methodology does not allow it.        

The CPS research reviewed 132 suspected false rape allegations where the evidence of fabrication was strong enough to require a decision on pressing charges, either for perverting the course of justice or wasting police time. (There were also 27 cases relating to non-sexual domestic violence - for simplicity, I’m excluding them from this discussion). Only 35 suspected false rape allegations proceeded to court. The 132 cases represent less than one per cent of reported rapes.  

Despite headline claims that false allegations are “few and far between,” these are only the cases where the evidence of falsification is strong. There were more than 16,000 reported rapes last year, of which 82 per cent did not go to trial. Proving a rape allegation to be false is no easier than proving one to be true, and for every case where there is enough evidence of fabrication to justify possible prosecution, there must be others where the allegation is false, but there is little or no evidence to prove that. How many such cases might there be? It is impossible to know for sure and this study makes no attempt to find out. Anyone who states confidently what the total number might be is speaking from faith, not evidence.

So the CPS review provides no clean, simple answers about the extent of false rape allegations. It is nonetheless valuable for the light it shines on the gruesome complexities. The case studies do not portray spiteful, malicious characters bent on blackmail or revenge, but a ragged bag of sorry stories. Around half are under 21, many have mental health issues or learning difficulties. False reports from over a third of the younger suspects were made by parents or partners, after a domestic lie spiralled out of control.

The cases echo a messy reality described in a recent paper in the British Journal of Criminology which observed that there is not even consensus on what is meant by a false allegation. Drawing upon interviews with police and prosecutors, Dr Candida Saunders distinguished between reports of rapes which had not occurred (false complaints) and reports of rape which contain falsehoods (false accounts).

False complaints, her interviewees suggested, are actually very rare, but reports which contain falsehoods are described as being common. A typical example might be a complainant who told police that she had only had one or two vodkas before tests revealed her to be eight times over the driving limit. Others lie as to the extent of their prior relationship with the alleged attacker, or the circumstances by which they came to be alone together. Such false accounts do not mean the complainant has not been raped, in most cases the assumption is that s/he has been, but they do damage the credibility of a witness and undermine prospects of successful prosecution. Saunders argues that many presumed false reports may actually be false accounts. If there is to be better understanding of the nature of false allegations among police, prosecutors and the public, this is the area where it should begin.

What do we know for sure about false allegations? Very little, beyond the fact that they do sometimes occur. In a judicial system that requires conviction beyond all reasonable doubt it is almost academic whether the proportion is one in a hundred or one in ten - each case must be judged on its merits. It is important to note that 84 per cent of the cases studied by CPS involved a specific, named individual as the alleged assailant. Each could be expected to suffer great distress as a result, and false allegations can and do destroy lives. The CPS is right, I believe, to ignore pleas from some feminist groups to end all prosecutions for false rape allegations which would leave victims of a serious crime without protection or justice. The CPS is also right to tend against prosecution in all but the most egregious cases, given the complexities and possibilities for miscarriage of justice involved.            

There is another sense in which this debate is academic. Recent IPCC investigations into the Met’s Sapphire Unit revealed an appalling record of incompetence, inadequacy and occasional outright corruption in the investigation of rape complaints, and it would be dangerous to assume this is restricted to London. The significance of false allegations must be marginal when so many reports were barely investigated at all, where evidence wasn’t collected or was actively destroyed. Ensuring that our police forces are willing and able to investigate the cases before them with honesty, competence and commitment would be the best protection for victims of rape and of false allegations alike. 

Keir Starmer, Director of Public Prosecutions. Photograph: Getty Images
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After his latest reshuffle, who’s who on Donald Trump’s campaign team?

Following a number of personnel shake-ups, here is a guide to who’s in and who’s out of the Republican candidate’s campaign team.

Donald Trump’s campaign chairman, Paul Manafort, stepped down last week. A man as controversial as Trump himself, he has departed following the announcement last Wednesday of a new campaign manager and CEO for Team Trump. Manafort had only been in the post for two months, following another campaign team reshuffle by Trump back in June.

In order to keep up with the cast changes within Team Trump, here’s the low-down of who is who in the Republican candidate’s camp, and who-was-who before they, for one reason or another, fell out of favour.

IN

Kellyanne Conway, campaign manager

Kellyane Conway is a Republican campaign manager with a history of clients who do a line in outlandish statements. Former Missouri Congressman Todd Akin, whose campaign Conway managed in 2012, is infamous for his comments on “legitimate rape”.

Despite losing that campaign, Conway’s experiences with outspoken male candidates should stand her in good stead to run Trump’s bid. She is already credited with somewhat tempering his rhetoric, through the use of pre-written speeches, teleprompters and his recent apology, although he has since walked that back.

Conway is described as an expert in delivering messages to female voters and has had her own polling outfit, The Polling Firm/WomanTrend for over 20 years and supported Ted Cruz’s campaign before he was vanquished by Trump in May. Her strategy will include praising Trump on TV and trying to craft an image of him as a dependable candidate without diminishing his outlier appeal.

She recently told MSNBC, “I think you should judge people by their actions, not just their words on a campaign trail”. Given that Trump’s campaign pledges, particularly those on immigration, veer towards the completely unworkable, one wonders what else besides words he actually has to offer.

Perhaps Conway, with her experience of attempting to repackage gaffes will be the one to tell us. Conway also told TIME magazine that there is “no question” that Trump is a better candidate than Hillary Clinton. Given Trump’s frightening comments on abortion, to name just one issue, it’s difficult to see how this would prove true.

Stephen Bannon, campaign CEO

While Conway may bring a more thoughtful, considered touch to Trump’s hitherto frenetic campaigning, Stephen Bannon promises to bring just the opposite.

Bannon is executive chairman of right-wing media outlet Breitbart, also the online home of British alt-right provocateur Milo Yiannopoulos. Once described by Bloomberg as “the most dangerous political operative in America”, the ex-Goldman Sachs banker can only be expected to want to up Trump’s rhetoric as the election approaches to maintain his radical edge.

Trump has explicitly stated that: “I don’t wanna change. I mean, you have to be you. If you start pivoting, you’re not being honest with people”.

As Bannon leads a news site with sometimes as outlandish and insensitive views as Trump himself, one can safely assume that Bannon will have no problem letting Trump “be himself”.

The Trump Brood, advisers

While his employed advisers come and go, the people that have been unwaveringly loyal to Trump, and play key advisory roles, are his four adult children: Donald Jr, 38, Ivanka, 34, Erik 22 and Tiffany, 22. With personalities as colourful as their father’s, the Trump children have been close to the campaign since its inception.

Donald Jr personally delivered the bad news to Lewandowski, the younger Trumps describing him as a “control freak”. Although it’s common for the offspring of politicians to take part in their parent’s campaigns (see Chelsea Clinton), in Trump’s case the influence of his children goes undiluted by swathes of professionals. This, despite his actual employed campaign directors being experienced establishment figures, adds credence to the image of Trump’s brand as family-based and folksy, furthering also his criticism of Hillary Clinton as being “crookedly” in the sway of bankers and elites.

Lewandowski’s ultimate downfall has been attributed to his attempts to spread negative stories in the media about Jared Kushner, Trump’s son-in-law and husband of Ivanka. Ivanka and Kushner were long-time critics of Lewandowski for his indulgence and encouragement of Trump’s most divisive instincts, and apparently they were integral to his firing.

Whether any good came from this is hard to discern, as Trump still managed to insult the Muslim community all over again with his comments last month about the late solider Humayun Khan, also insulting veterans and “gold star” families in the process.

OUT

Paul Manafort, former national campaign chair

Although Trump called his departing campaign manager “a true professional”, Manafort has recently been beset by personal controversy and criticised for failing to deliver results. Manafort has taken the blame for the poor polling results that have followed Trump’s awful last few weeks, with Trump’s recent (lacklustre and unspecific) apology representing a complete change of tack.

Despite his many years of experience in politics, Manafort fell out of favour with Trump partly because of his spending on media, such as a $4 radio appearance in Ohio, Pennsylvania, Florida and North Carolina. Trump was judging these investments worthwhile.

Manafort’s personal cachet was also diminished by his dodgy links to ex-clients including Ukrainian former prime minister, the pro-Russian Victor Yanukovych. As Trump has already racked up a number of Russia-related gaffes, continued association was Manafort would have likely proven electorally unwise.

Corey Lewandowski, former campaign manager

Campaign manager until Trump’s team shake-up in June this year, Lewandowski was not the picture of a calm and collected operative. With a list of antics behind him such as bringing a gun to work and then suing when it was taken away from him and lacking the experience of ever having directed a national race, Lewandowski was a divisive figure from the start of Trump’s bid for the nomination.

Although Lewandowski most often accompanied Trump on the nomination campaign trail, it was Manafort, even then, who was in charge of most of the campaign’s logistics, making use of his 40 plus years of experience to do so.

Trump was clearly taken with Lewandowski’s aggressive campaign techniques, as he stood by him even when Lewandowski was charged with battery against former Breitbart reporter Michelle Fields. Although the charges were later dropped, these kind of stories do not bode well for Conway’s hopes for a more women-friendly Trump.

***

Perhaps this latest round of hiring and firing will do him some good, but with only three weeks to go until absentee voting begins in some states, the new team doesn’t have much time.