At Rape Crisis Scotland, we know that many
people freeze during a traumatic
experience such a rape meaning that there is often little or no physical injury.
The Lord Advocate’s Reference in 2001 clarified that force was not required to prove rape (it also removed the peculiar anomaly that someone who was sleeping couldn’t be raped and would instead be prosecuted for clandestine injury). However, in a legal jurisdiction which requires corroboration of the key elements of a crime, there can be significant challenges in proving lack of consent in rape cases.
Guest blog by @giantyellowbumblebee (Twitter)
The Gleneagles armed robbery case of two men stealing more than £500,000 worth of luxury watches from a boutique at the five star hotel caught my attention due to the high sentences given: totalling 29 years between 2 men; 18 years and 11 years.
A Defence lawyer on Radio Scotland said this was due to the 'high value' of the crime and because it was 'violent in nature'. A discussion evolved with John Beattie citing rape case sentencing of five years for a perpetrator who raped a women who was sleeping, compared with the high sentencing given in this armed robbery. The Judge sentencing in this case stated the criminals carried out 'an act of serious premeditated criminality'.