Men and women 'cannot consent to sex if they are drunk', new report suggests
Current sexual offence laws do not provide a definition for whether an alleged victim is 'incapable'
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A rape charity has welcomed a report into sexual offence legislation that has called for legal amendments so a person who is severely intoxicated would lose the capacity to consent to sex.
A major overhaul of the way police and prosecutors tackle rape in London was demanded following the release of an official report which warned that the capital is being "overwhelmed" by a rise in reported cases.
Report author Dame Elish Anglioni said the Government would be asked to consider amending sex offence laws so that the impact of severe intoxication - such as alcohol - is embedded in legislation.
Current laws do not provide a definition for whether an alleged victim is "incapable", meaning it is a matter for a jury to decide whether the complainant was so intoxicated as to be incapable of granting consent.
Rape Crisis England & Wales spokeswoman Katie Russell said: "Rape Crisis welcomes the commitment to transparency, scrutiny and improvement that the commissioning and publication of this report.
"It should be noted, nonetheless, that this isn't the first time we’ve heard positive sentiments such as these from criminal justice agencies and it is imperative now that encouraging words are translated into real action and cultural change."
In 2007, the Court of Appeal ruled that a person may be capable of consenting even if drunk, but that the capacity to consent "may evaporate well before a complainant becomes unconscious".
The review has made 46 recommendations to address areas including improved training and enhanced victim care.
Concerns were raised that the system risks being "overwhelmed" by increased reporting of rape, with officers within the Sapphire rape investigation team having an average of 15 live cases at one time.
Dame Elish said: "There is an urgent need to ensure that the system is not overwhelmed because of a failure to fund the positive outcome of that policy."
Metropolitan Police Commissioner Sir Bernard Hogan-Howe said the review of rape investigations in London "shines an honest light" on failings in the service.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments