Ched Evans' conviction is overturned. Where do we go from here?

Girls and women who have been raped need to report rape. They need to feel safe, they need to be taken seriously, they need to be treated with dignity and respect. And, at the same time, the presumption of innocence until proven guilty is an essential pillar of the criminal justice system of any civilised society.

When it comes to rape statistics, we will never know for sure how many women are raped each year. It is well established that the crime of rape is underreported and, in many cases, girls and women do not realise they have been raped until a long time after the event and, because of the nature of the crime, the physical evidence is long gone and convictions are difficult.

Today, the headlines in relation to the terrible, thoroughly unedifying Ched Evans case, and subsequent overturning of the guilty verdict for rape, focus on the court admitting evidence about the woman's sexual history.

Section 41 of the Youth Justice and Criminal Evidence Act allows for evidence of this nature to be used in rape trials if strict criteria are met, where the evidence pertains to issues of consent and when the sexual behaviour of the complainant is so similar to the events of the trial that the similarity cannot be described as a coincidence.

In the Evans case, two witnesses came forward to testify that the complainant used the words "Fuck me harder" while adopting a position where she was penetrated from behind. One witness said he had sex with her in this manner the night before the incident took place and the other said this happened two weeks after the incident. Evans testified during the retrial that this reflects his experience on the night in question.

What is disturbing is that in the first trial, Evans told the court that he did not speak to the complainant before, during or after sex, yet in the retrial, the wordless encounter suddenly changes to one where she told him to fuck her harder.

There can be no further trials in relation to the events of 29 May 2011 in a Rhyll Premier Inn. And there have been calls to change Section 41 because it might deter future rape victims from coming forward. Given this has been splashed all over the papers, even though Section 41 is seldom applied, it is easy to see how rape victims who have led anything other than a life of saintly chastity may well be put off from coming forward.

But what is truly depressing here is that even if Section 41 did not exist, the treatment of the woman at the centre of the appalling saga is already more than enough to stop girls and women reporting rape. Personally, I find aspects of the text of Section 41 uncomfortable to read but even if it was repealed, I don't think complainants in high profile rape cases will be treated with any more respect.

Trolls have revealed the identity of the complainant in the Ched Evans case online on multiple occasions. Five times now, she has had to change her identity and move away. Twitter has become a particularly repulsive cesspit of misogyny, of loose interpretations of consent and of rape apology. At best, the complainant, waking up as she did with a vile hangover and, according to her testimony, having no recollection of the previous night's events, experience what Katie Roiphe described in her controversial 1994 book, The Morning After, as "regrettable sex".

And a night of regrettable sex, the kind of sex where you are not sure what happened, whether it was at all pleasurable and where you wake up in a pool of your own urine, should not be something that haunts you for the rest of your life. Even if you then make a rape complaint that ends up being overturned at retrial, you do not deserve to be constantly outed online, to be forever on the run, to be hiding your true identity whenever you make new friends or attempt to start a new relationship. The complainant in the Evans case has suffered and will continue to suffer. Anyone who is baying for her blood and demanding she be punished can rest easy. She is being punished on a daily basis.

And she is not alone.

The crime of rape is unique in the way victims are often aggressively targeted in a way that does happen with other crimes. If someone is robbed by someone they know, they're not likely to be asked what they were thinking recklessly letting that person into their house previously so they could see what was worth nicking and where it was kept. But if you're raped by someone you know, especially if you've consented to sex with them before or you're in a relationship with them, you could easily be made to feel as if you were somehow asking for it.

I was sexually assaulted in Dubai in 2006 when I was walking home from a film festival at an art gallery. I couldn't find a taxi so I started to walk, foolishly buying into the myth that it's a completely safe city for women. A man, who was sitting at a bus stop long after the buses had stopped for the night, pulled me off the footpath, put one hand down my neckline, the other up my dress, tore my tights and made a scratch on my chest. I managed to get away by elbowing him in the chest, throwing the burger I was eating at him and ducking under his arm.

I decided to report the crime, partly because I was not actually raped. Thus I knew I'd be safe from facing an adultery charge if the case was ever disproved in a court of law, which is a particularly terrible aspect of UAE law. When I made the initial call to the police, it was answered by an amateur, misogynistic Perry Mason wannabe who asked me what I was wearing, whether I was drunk, why I was walking alone at night and if I was making it all up. Luckily, a friend referred me to a very senior office in Dubai Police who took the case very seriously and was entirely respectful.

My attacker was never caught but I was glad that the incident did not simply wither away as yet another unreported sex attack in Dubai, where I am quite certain the sexual assault and rape statistics are artificially low. And friends who did not live in the UAE scoffed at how backwards it all was, how the Perry Mason wannabe was a disgrace, and asked if it was time I left the country, even though I'd been living there less than a year.

But in wake of the reactions to the Ched Evans case, and of people from across the world apologising for Donald Trump, it is clear there are very few places where girls and women are not made to feel ashamed for reporting sex crimes. There are still plenty of people out there with a very poor grasp of how consent works and are happy to dismiss vile behaviour of men towards girls and women as "locker room banter" or simply boys being boys, alpha men being alpha men.

Alpha men like Ched Evans who is still playing football for a living, is still planning to marry the woman on whom he cheated in a Rhyll hotel room, and is still hailed by many as hero...

Photography by Hessam/Flickr. Posed by a model in no way connected to the Ched Evans trial. 

Eternally seeking the perfect victim...

In the past few weeks, two cases have been in the news and these two cases shine a rather horrible light on our notions of victimhood. Monica Lewinsky's affair with Bill Clinton and the subsequent legal and political ramifications again made headlines when Lewinsky started a Twitter account and was, predictably, faced with assorted trolls. And in the UK, Ched Evans, a convicted rapist, has won a fast-tracked inquiry into his conviction - and regardless of the outcome of this, Twitter and the court of public opinion - which led to the inquiry being fast-tracked in the first place - will ensure the woman at the centre of the awful incident will still be living in the shadow of that night in a hotel room.

What is disturbing about both these cases is the rush to condemn the women largely because neither one fits the narrow, demure image of a victim that guarantees sympathy or, at the very least, stops a mob of keyboard warriors from behaving like anonymous, irrationally angry vultures.

In the case of Monica Lewinsky, it really didn't matter how she chose to live her life and conduct herself in public after the story broke, she was never going to win. Being open about what happened in the Oval Office all those years ago and trying to make the most of her accidental fame with money-making ventures such as a line of handbags, has led to inevitable slut-shaming and a desire to silence her. I had a bizarre Twitter exchange this week in which a conservative American woman was disappointed that she hasn't been more critical of Bill Clinton and, as such, she is a poor role model who is not serving other women well.

Really? Why does Monica Lewinsky have to be a role model for anyone? Why is it up to her to serve other women over an incident that she did not intend to become public? The woman I argued with on Twitter agreed that Lewinsky was indeed a victim but she was not behaving like the kind of victim she wanted her to be. As if Lewinsky owes it to Random Conservative Internet Woman to behave in a certain way.

If Linda Tripp had not betrayed Lewinsky on such an enormous scale, we may never have known about any of this.

If Lewinsky just wanted to confide in someone about her relationship with the President and move on without pressing harassment charges, that should have been her choice to make.

If Bill Clinton hadn't hung her out to dry with the infamous "I did not have sexual relations with that woman" quote, an inevitable statement to make in an often puritanical society, it might have been a different story all round. But it is Lewinsky who has come out of this worse, lost so much more, and been fed to the wolves on a far more regular basis than Clinton ever will be.

If Lewinsky decided to slink away quietly after the voracious news cycle had moved on and Clinton completed his presidency relatively unscathed, that would be perfectly understandable but she would probably then have been accused of letting Clinton get away with it, of letting herself be silenced and so on. And, frankly, it'd be naive to think that even if she did exile herself in some rural backwater and open a five-and-dime, the scandal would still cast a long shadow over her life, such was the global notoriety she achieved. She still might not have settled down with a nice lad and led a quiet, anonymous existence - and who is to say that is even what she wants out of life?

Lewinsky was in an extraordinary situation, one that she could never have imagined when she started her White House internship, and there are any number of ways she could have reacted. If 100 different women were in that exact same situation, there would probably be 100 different responses.

As a victim, Lewinsky was only ever going to be acceptable if she was either silent and absent from public life or she was demure and contrite. Instead, she told government lawyers to go fuck themselves when she was questioned and threatened with 27 years in prison. Good for her and bad luck if that offends anyone.

In the Ched Evans rape case, again we have a victim who does not fit the mould of a victim that is acceptable to the hordes on the interwebs. It is astounding how quickly people have gone straight to the "she is clearly a slag" defence on behalf of Evans.

As it stands at the time of writing, Evans is a convicted rapist. A jury found that the victim was too drunk to consent and the fact that she consented to sex with one of his friends before Evans joined in was deemed to be irrelevant. Consent to sex with one man does not equal consent to sex with his mate.

So what if she was not a virgin when Evans let himself into the hotel room. So what that this is not a rape that fits the "man jumping out of an alleyway" image that many seem to associate with this awful crime. So what if Natasha Massey, his girlfriend, is standing by her man. Even if Evans' conviction is overturned, I have no idea why you'd stay with him - but that is Massey's choice, just as Hillary Clinton stayed with Bill, even though she is bright and qualified enough to hold high office on her own merits.

But, I repeat, as I write this, Ched Evans is still a convicted rapist. And his victim, who was only 19 at the time, is still trying to rebuild her life.

The morons on the internet who have named the victim and then named her new identity, forcing her to change her name and location yet again, are absolutely disgraceful excuses for human beings. Just as the events of 1998 will always be with Monica Lewinsky, the events of May 2011 will always be with this woman.

She deserves privacy and the right to get on with her life, regardless of the outcome of the inquiry into the conviction. She is not seeking to be a public figure and that choice should not be denied her just as Lewinsky should not have to be forced into exile. You can disagree with anything Lewinsky might have to say about the events of 16 years ago but if you seek to silence her, or any woman who might not fit the mould of demure contrition, you are part of the problem.

If Sheffield United want him to play for them, that is their choice. If people want to support a club and pay for tickets to watch Evans play, that is their choice too. But the club's managers or fans or the #JusticeForChed zealots cannot expect others to be silent. If Evans returns to top level football, nobody should be stunned if others use their right to free speech and peaceful protest to picket the Bramall Lane stadium. If people refuse to watch Ched Evans play and refuse to renew their season tickets on that basis, that is also a choice that must be respected.

The conservative woman on Twitter believes that Lewinsky's unwillingness to condemn Bill Clinton is a great disservice to all women. But the bigger disservice to women is to force them to conform to the prejudices of others, and to want them to only behave in a certain way when they are confronted with awful situations where there is no one correct way to react.

False rape accusations: perceptions, proportion, paranoia and problems

False accusations of rape ruin lives. Only an idiot would dispute this. Anyone who is a fan of justice is not a fan of false accusations for any crime, especially one that carries the stigma of a rape conviction or a rape charge which is later disproved in a court of law. As well as the great personal cost to the falsely accused, false accusations cost public money and waste court time. As such, it is appropriate that false accusers are punished within the boundaries of the law. None of this should be disputed.

What should be questioned is whether there is a plague of false accusations sweeping the nation. A study released this week would indicate this is not the case at all. The study, released by the Crown Prosecution Service (CPS), found that over a 17-month period in England and Wales, there were 5,651 prosecutions for rape and 111,891 prosecutions for domestic violence. Over the same period of time, there were just 35 prosecutions for false rape allegations, six for false domestic violence allegations, and three for false allegations involving both rape and domestic violence. So, in a country of more than 60 million people, there were 117,542 prosecutions for rape and domestic violence in total, compared to a grand total of 44 prosecutions relating to false accusations. Over the 17-month period of the study, 159 suspects were linked to allegedly false claims.

It would be lovely to live in a world where there were no false accusations of rape or domestic violence, but when the false allegations are massively outnumbered by the successful prosecutions, it is pretty clear that a sense of proportion is required.

It is certainly important to look at who makes false accusations and why they happen, but it is extremely important to focus on preventing rape and domestic violence from happening in the first place. The domestic violence figures, in particular, are shockingly high and a national conversation is required to find out why there has been an increase of 11% in cases reported to Citizens Advice in the last three months of 2012 compared with 2011.

It is heartening to see advertising campaigns here in Britain that focus on telling rapists not to rape rather than blaming the victim. The If You Could See Yourself television advertising campaign (TRIGGER WARNING) is a welcome step away from telling women what they already know about unattended drinks and walking home alone, or reinforcing the Taliban mentality that what you wear means you're asking for it. But what the government gives with one hand, it takes with the other with the privatisation of sexual assault referral centres. Inexplicably, the government has given a contract to manage some of these centres to G4S, a company best known for their incompetence in handling security at the 2012 London Olympics,  No private company should profit from handling sexual assault cases - that is completely immoral. Meanwhile, on Sky News, Lorna Dunkley interviewed the British woman who alleges a hotel manager attempted to sexually assault her before she escaped by jumping over the balcony of her room in the Indian city of Agra. It is a shame Dunkley felt the need to ask her if she felt there was anything she could have done differently to prevent the assault. Like what? Not travelled alone? Not requested a wake-up call to catch an early train?

And in the meantime, the "Bitches ruin men's lives!" cries from rape apologists just keep on coming. Let's look a little deeper into the figures, shall we?

Of the 159 people linked to allegedly false claims over the study's 17-month period, of which 44 were prosecuted, 92% were women, almost half were aged 21 or under and in 38% of these investigations, the initial complaint was made by someone other than the alleged suspect. None of this should come as a shock to anyone.

There is no one-size-fits-all profile of a false accuser any more than there is a one-size-fits-all profile of a rapist. False accusations are often a symptom of an immature person trying to deal with relationship issues in an immature way. False accusations can also happen as a result of mental illness. False accusations can happen when a vulnerable person is used by another who seeks vengeance. False accusations can happen when well-meaning but ultimately misguided parents mistake their offsprings' consensual sex lives as rape. There is plenty of anecdotal evidence to suggest that for many false accusers, the situation raged out of control and they felt unable to stop the legal process. Then the waters are muddied further by cases of women who have been raped but then retract the rape claim and, as such, find themselves on the end of a false accusation charge. And so on and so forth...

So what is to be done? Of course, false accusers deserve punishment - it is a crime that destroys people and they make it harder for rape victims to come forward and report the awful crimes committed against their bodies. But this is largely because of the myth perpetuated by many rape apologists that false accusations are pandemic.

As a result, we end up with loud voices, such as the campaigners to free Ched Evans, a footballer convicted of rape and sentenced to five years in prison, adding to this myth. Leaving aside the issue of guilt, Evans' campaigners are obsessed with stereotyping women, especially women who sleep with footballers (not a crime last time I checked...), as a horde of greedy, lying harridans. One of them called me a slut, a slag, a libtard and a cunt via Twitter this week, which doesn't exactly help the credibility of the cause. The cause's website also hoists the campaigners by their own petard. It features a large section dedicated to unused witness statements. This is a catalogue of inadmissible evidence, such as a statement that the victim had left the club with other men on previous occasions. Having this information on the internet for all to see could seriously prejudice a fair retrial.  

In punishing false accusers, just as in the case of punishing rapists, rehabilitation is as important as retribution. If there are mental health issues or evidence of past abuse experienced by false accusers, this should be dealt with compassionately. Equally, a sane justice system should offer its full support to those who have been falsely accused, and convicted rapists need rehabilitation to reduce the risk of re-offending and have them emerge from prison as better, more educated people.

False accusations ruin lives. Rape also ruins lives. If we lose sight of that, Steubenville-type incidents will keep on happening, victims will continue to be blamed, victims will continue to be too scared to come forward and the false reporting myth will be grotesquely inflated and this will continue to harm women.



Image courtesy of www.kozzi.com