Outrage Over Barrister's 'Appalling' Rape Post

Written By Unknown on Minggu, 08 Februari 2015 | 00.57

A top barrister has been criticised for claiming men should be cleared of rape if the victim was under the influence of alcohol or drugs.

Writing on his blog, David Osborne said "consent is consent, blind drunk or otherwise", and "regret after the event cannot make it rape".

His comments have been condemned by campaign groups as "ridiculous" and "appalling".

In a post entitled "She was gagging for it", Mr Osborne, a married father-of-four, said: "I have a very simple solution which I hope you will agree is fair.

"If the complainant (I do not refer to her as the victim) was under the influence of alcohol or drugs, or both, when she was 'raped', this provides the accused with a complete defence. 

"End of story and a victory for fairness, moderation and common sense!"

Mr Osborne, who was called to the criminal Bar in 1974, said recent guidelines on rape accusations have "serious consequences for all red-bloodied males who are out on the rut".

The guidelines issued to police and prosecutors mean people accused of rape will increasingly be expected to prove they obtained consent.

Mr Osborne also used the post to criticise Director of Public Prosecutions Alison Saunders.

"She has decided, or rather it has been decided for her, that anybody who makes an allegation of rape must be believed, and everything possible in the trial process must be bent towards the conviction of the accused," he writes.

"Rape trials from now on are no longer to be prosecution led, but conviction led, and when you add into the mix that prison sentences for rape are getting longer and longer, the opportunities for a serious miscarriage of justice are self-evident."

Sarah Green, director of the End Violence Against Women Coalition, said she thought the remarks were a "sick joke".

"This is a legal professional indulging in the oldest stereotypes about rape, probably for attention-seeking purposes, and appearing to condone the predatory behaviour of men who target vulnerable girls," she said.

"I suggest he takes time to look at the impact of rape on survivors and how the situation is made worse by being told by people like David Osborne that it is their fault."

Clare Jones from WomenCentre was quoted by the Daily Mirror and The Independent as saying: "It's appalling.

"We are deeply shocked that even today, in 2015, someone can seriously suggest that the violent crime of rape could be provided with a complete defence if a woman was under the influence of alcohol or drugs at the time."

After the blog post came to light, Mr Osborne told the Daily Mirror that women would still have protection in law under his "solution".

He told the newspaper: "The protection in law that they have got seems to me to be twofold.

"Number One: Don't go out in the first place.

"Or Number Two: If you do go out don't get rat-a***d. If you get rat a***d, I'm sorry, you are asking for trouble."

He later added: "I tell you what would drop the rape statistics would be if girls covered up, dressed appropriately and stopped drinking themselves legless."


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