How about if I just carry the ball to the net?
Rape prosecutors in England and Wales were given a conviction rate target which was never made public.
BBC Newsnight has had access to a Law Society Gazette investigation, which found that from 2016 prosecutors were judged against a 60% target of cases ending in conviction.
So what do you do if you want to hit the target? You don’t prosecute the tough cases. This is what James Comey reminded the SDNY prosecutors when he was their boss: if they made it their goal to have zero losses, then they were in the chickenshit club, because they would prosecute only the sure things.
Rape convictions in England and Wales are at their lowest level since 2008, despite record levels of allegations.
According to guidance set down in the Code for Crown Prosecutors, decisions should be based on two things: whether it’s in the public interest, and if the case has more than a 50% chance of a conviction.
But from 2016, rape prosecutors were also asked to consider a conviction rate target called a “level of ambition” of 60%.
One way to achieve improved conviction rates is by prosecuting only the strongest cases.
And those women who have the bad judgment to be raped in a difficult to prosecute way, well, they should just go away and do better next time.
The 60% rape conviction rate target was never made public by the CPS, but was discovered by the Law Society Gazette after a trawl through CPS inspection reports.
In one such report, inspectors criticised the Cheshire-Merseyside regional CPS for missing the target in 2017. Their conviction rate was 57.3%, down from 65.4% the previous year, but their actual number of rape convictions had gone up from 100 to 138 in the same period.
The following year, the same team introduced a “more stringent triage process for police files” on rape.
Their number of convictions dropped to 81 – the lowest for years – but by prosecuting fewer cases they actually exceeded the CPS target. Their conviction rate was 68%.
So it’s not the victims who count, it’s the stats of the prosecutors. Cool.
A coalition of women’s organisations, represented by the Centre for Women’s Justice (CWJ), has launched a legal case against the service for what it says is an unlawful change in approach by the CPS.
Lawyer Harriet Wistrich, founder of the CWJ, told Newsnight: “What a change in the conviction rate would suggest is if they’re being targeted to improve their convictions, the easiest way to do that is to take weaker cases out of the system.
“If those that rape are not being held to account, they will feel they can continue doing so with impunity.”
And they’ll be right.
And if they are not brought to trial and convicted, all the people who criticize the very idea of rape will point to them as “false accusations”, since only conviction will convince them – and even then, they’ll be hard to convince.
The thing is, you won’t convince the MRA sorts by actually convicting anyway, because they set the bar at “pics or it didn’t happen”, and when pics (or video) exist, they move the bar to “if the woman left the house, it wasn’t rape” or some bullshit claim like that.
It’s the others, the non-MRAs, the ones who are legitimately concerned about rape and so forth, but are too damn easily convinced by a failure to prosecute. Hey, the police didn’t believe her, right? ‘Cause they didn’t do anything. In so many cases, the police may very well believe, and the prosecutor, and everyone else, but they won’t bring the case to trial because they aren’t sure they can win, even with strong evidence in some cases, because (1) the girl was wearing a “provocative” outfit; (2) the girl was drunk; (3) the girl had flirted with the guy; (4) the girl had sex with some other guy at some point in her life; (5) the girl had sex with more than one guy, maybe including the rapist’s best friend; or (5) any combination of the above.
Prosecutors know juries, and they know defense attorneys, and they know that a defense attorney can turn the sympathy toward the accused with extreme rapidity by simply playing up how the girl “teased” him. So they don’t prosecute, and for many people, it becomes another case of “false rape accusation” against some poor innocent guy who wasn’t doing anything except turning the no into yes (I hate hearing that phrase).