Date: Friday, May 20th, 2011 10:22 am (UTC)
po8crg: A cartoon of me, wearing a panama hat (Default)
From: [personal profile] po8crg
Your point about a breach of trust - that date rape is intrinsically a breach of trust, where stranger rape isn't necessarily a breach of trust is an important one.

Breach of trust is already recognised as an aggravating factor in sentencing - for instance a shoplifter is given a lesser sentence than someone stealing goods from a shop they work in - so why not in rape cases?

There are already aggravating factors that apply to a lot of date rapes and abusive relationships:

Background of intimidation or coercion
Use of drugs, alcohol or other substance to facilitate the offence

Though I do note that "rape accompanied by ... abuse of trust" is a recommended 8 years custody if the victim is 16 or over (against 5 without an abuse of trust) but I don't think they regard a date as a trust in that sense. Perhaps the CPS should review their guidance on that point?
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