Courtesy: "Guardian, UK", 18 May 2011
Clarke forced to apologise for rape comments
By Alan Travis and Nicholas WattKenneth Clarke, the justice secretary, is expected to announce a climbdown over his plan for sentence discounts of up to 50% for early guilty pleas after he provoked a row by appearing to suggest that some rapes are more serious than others.
A chastened Clarke apologised under pressure from David Cameron, who was furious with the veteran justice secretary after he rejected a suggestion in a live radio interview that "rape is rape".
Clarke, who had initially refused to apologise in a round of TV interviews, wrote to a victim of attempted rape who had broken down in tears when she confronted him on a Radio 5 Live show over his "disastrous" plan.
"I have always believed that all rape is extremely serious, and must be treated as such," Clarke wrote. "I am sorry if my comments gave you any other impression or upset you."
The political fallout from Clarke's intervention could come as early astommorow amid speculation that he will use an appearance on a BBC Question Time special filmed at Wormwood Scrubs prison, in London, to announce changes to his sentencing plans.
Clarke had told MPs on Tuesday it was "likely" that his proposal to increase the sentence discount for early guilty pleas from a third to half the sentence, including in rape cases, would be included in the final government plans. He spoke with confidence after the cabinet home affairs sub-committee, chaired by Nick Clegg, had appeared to sign off on his plans on Monday.
But a meeting of the sub-committee is expected to review his plans again. The sentencing green paper, which was to set out proposals to stabilise the prison population next week, is now likely to be postponed for three weeks until after the Whitsun recess.
One Whitehall source highlighted the irritation with Clarke in No 10. "These plans have not been signed off on yet. Government policy is not government policy until it is in a white paper or a bill. Ken's language was wrong."
Clarke, who is already under fire from the Tory right over his plans to reduce the number of prison places, sparked fury among victims' and women's groups when he tried to distinguish between more and less serious forms of rape.
In response to the comment "rape is rape" during a BBC interview, he replied: "No it's not – if an 18-year-old has sex with a 15-year-old and she's perfectly willing, that is rape. Because she is under age, she can't consent. What you and I are talking about is … about a man forcibly having sex with a woman and she doesn't want to – a serious crime."
The justice secretary also said that so-called date rapes were included in the figures, adding: "Date rape can be as serious as the worst rapes but date rapes … in my very old experience of being in trials [from his time as a practising lawyer] … they do vary extraordinarily one from another, and in the end the judge has to decide on the circumstances."
Clarke later, during an interview with Sky News, accused his critics of focusing on rape simply to "add a bit of sexual excitement to the headlines".
Cameron was unaware of Clarke's comments when Ed Miliband challenged him in the Commons. "I have not heard the justice secretary's interview, but the position of the government is very clear: there is an offence called rape and anyone who commits it should be prosecuted, convicted and punished very severely," the prime minister said, adding that the plea bargaining plans were designed to increase the number of rape convictions. Clarke, who was due to comment on the exchanges in the Commons for the BBC Daily Politics programme, walked out of the studio five minutes into the weekly session of prime minister's questions. The justice secretary then embarked on a series of interviews, which ended in his apology.
Asked by the BBC whether he would apologise or comply with a demand from Miliband for him to resign, he said: "Well, if someone can explain anything that I said as factually incorrect of course I would consider it...People are slightly spinning and loading into what I said in a way to get false indignation."
Amid nerves in Downing Street he agreed to appear again for the cameras just after 2pm. "I haven't apologised as far as I am aware. I apologise if an impression has been given which is not my view and which I don't think I stated. My view is that all rape is serious." At 6pm his letter of apology was released.
Background Ministry of Justice documents show that the plan to encourage all defendants to plead guilty at the earliest opportunity by increasing the maximum discount from 33% to 50% is designed to save £130m a year within three years.
An official impact assessment suggest it could save as many as 3,400 prison places a year by 2014 but reveals that officials expect the plan will only increase the average sentence discount of 25% to 34%.
Justice officials believe there are large savings to be made in providing an incentive for earlier guilty pleas as more than 10,000 cases a year end in a guilty plea at the door of the court but the proposal has been attacked by senior judges. Although the justice secretary's lack of personal empathy with the issue clearly infuriated his critics and political opponents, the Sentencing Council's guidelines for judges set out a sliding scale of seriousness for the sentencing in rape cases.
Using a scale devised under Labour's 2003 Criminal Justice Act it ranges from a 15 year starting point for serial rapists to five years for a single offence of rape by a single offender. It adds that cases involving mutually agreed experimental sexual activity between two children where the victim is under 16 should be regarded as strong mitigation.
Labour said Clarke's repentance did not go far enough.
Clarke's long day
10am "A serious rape with violence and an unwilling woman – the tariff is longer than [15 months]."
11am "Rape has been singled out … mainly to add a bit of sexual excitement to the headlines."
3pm "If I've given the impression I do not regard all rape as a serious crime, I will have a look at it and see how on earth I gave that impression."
6pm "I have always believed all rape is extremely serious. I am sorry if my comments gave you any other impression or upset you."
....................
Note: The viewpoint expressed in this article is solely that of the writer / news outlet. "FATA Awareness Initiative" Team may not agree with the opinion presented.
....................
We Hope You find the info useful. Keep visiting this blog and remember to leave your feedback / comments / suggestions / requests / corrections.
With Regards,
"FATA Awareness Initiative" Team.
Clarke forced to apologise for rape comments
Justice secretary set to rethink plan to cut sentences after rejecting suggestion in radio interview that 'rape is rape'
A chastened Clarke apologised under pressure from David Cameron, who was furious with the veteran justice secretary after he rejected a suggestion in a live radio interview that "rape is rape".
Clarke, who had initially refused to apologise in a round of TV interviews, wrote to a victim of attempted rape who had broken down in tears when she confronted him on a Radio 5 Live show over his "disastrous" plan.
"I have always believed that all rape is extremely serious, and must be treated as such," Clarke wrote. "I am sorry if my comments gave you any other impression or upset you."
The political fallout from Clarke's intervention could come as early astommorow amid speculation that he will use an appearance on a BBC Question Time special filmed at Wormwood Scrubs prison, in London, to announce changes to his sentencing plans.
Clarke had told MPs on Tuesday it was "likely" that his proposal to increase the sentence discount for early guilty pleas from a third to half the sentence, including in rape cases, would be included in the final government plans. He spoke with confidence after the cabinet home affairs sub-committee, chaired by Nick Clegg, had appeared to sign off on his plans on Monday.
But a meeting of the sub-committee is expected to review his plans again. The sentencing green paper, which was to set out proposals to stabilise the prison population next week, is now likely to be postponed for three weeks until after the Whitsun recess.
One Whitehall source highlighted the irritation with Clarke in No 10. "These plans have not been signed off on yet. Government policy is not government policy until it is in a white paper or a bill. Ken's language was wrong."
Clarke, who is already under fire from the Tory right over his plans to reduce the number of prison places, sparked fury among victims' and women's groups when he tried to distinguish between more and less serious forms of rape.
In response to the comment "rape is rape" during a BBC interview, he replied: "No it's not – if an 18-year-old has sex with a 15-year-old and she's perfectly willing, that is rape. Because she is under age, she can't consent. What you and I are talking about is … about a man forcibly having sex with a woman and she doesn't want to – a serious crime."
The justice secretary also said that so-called date rapes were included in the figures, adding: "Date rape can be as serious as the worst rapes but date rapes … in my very old experience of being in trials [from his time as a practising lawyer] … they do vary extraordinarily one from another, and in the end the judge has to decide on the circumstances."
Clarke later, during an interview with Sky News, accused his critics of focusing on rape simply to "add a bit of sexual excitement to the headlines".
Cameron was unaware of Clarke's comments when Ed Miliband challenged him in the Commons. "I have not heard the justice secretary's interview, but the position of the government is very clear: there is an offence called rape and anyone who commits it should be prosecuted, convicted and punished very severely," the prime minister said, adding that the plea bargaining plans were designed to increase the number of rape convictions. Clarke, who was due to comment on the exchanges in the Commons for the BBC Daily Politics programme, walked out of the studio five minutes into the weekly session of prime minister's questions. The justice secretary then embarked on a series of interviews, which ended in his apology.
Asked by the BBC whether he would apologise or comply with a demand from Miliband for him to resign, he said: "Well, if someone can explain anything that I said as factually incorrect of course I would consider it...People are slightly spinning and loading into what I said in a way to get false indignation."
Amid nerves in Downing Street he agreed to appear again for the cameras just after 2pm. "I haven't apologised as far as I am aware. I apologise if an impression has been given which is not my view and which I don't think I stated. My view is that all rape is serious." At 6pm his letter of apology was released.
Background Ministry of Justice documents show that the plan to encourage all defendants to plead guilty at the earliest opportunity by increasing the maximum discount from 33% to 50% is designed to save £130m a year within three years.
An official impact assessment suggest it could save as many as 3,400 prison places a year by 2014 but reveals that officials expect the plan will only increase the average sentence discount of 25% to 34%.
Justice officials believe there are large savings to be made in providing an incentive for earlier guilty pleas as more than 10,000 cases a year end in a guilty plea at the door of the court but the proposal has been attacked by senior judges. Although the justice secretary's lack of personal empathy with the issue clearly infuriated his critics and political opponents, the Sentencing Council's guidelines for judges set out a sliding scale of seriousness for the sentencing in rape cases.
Using a scale devised under Labour's 2003 Criminal Justice Act it ranges from a 15 year starting point for serial rapists to five years for a single offence of rape by a single offender. It adds that cases involving mutually agreed experimental sexual activity between two children where the victim is under 16 should be regarded as strong mitigation.
Labour said Clarke's repentance did not go far enough.
Clarke's long day
10am "A serious rape with violence and an unwilling woman – the tariff is longer than [15 months]."
11am "Rape has been singled out … mainly to add a bit of sexual excitement to the headlines."
3pm "If I've given the impression I do not regard all rape as a serious crime, I will have a look at it and see how on earth I gave that impression."
6pm "I have always believed all rape is extremely serious. I am sorry if my comments gave you any other impression or upset you."
....................
Note: The viewpoint expressed in this article is solely that of the writer / news outlet. "FATA Awareness Initiative" Team may not agree with the opinion presented.
....................
We Hope You find the info useful. Keep visiting this blog and remember to leave your feedback / comments / suggestions / requests / corrections.
With Regards,
"FATA Awareness Initiative" Team.
No comments:
Post a Comment