theguardian.com
CPS lacks data on rape cases dropped due to "sexsomnia" defense
The Crown Prosecution Service (CPS) in England and Wales does not track how many rape cases have collapsed due to "sexsomnia" defenses, despite previous pledges to challenge them robustly; this lack of data, criticized by victims and experts, hinders efforts to identify patterns of misuse and assess the effectiveness of reforms.
- What is the impact of the CPS's inability to track the number of rape cases dropped due to "sexsomnia" defenses?
- The Crown Prosecution Service (CPS) in England and Wales lacks data on how many rape cases have collapsed due to "sexsomnia" claims, despite previous pledges to challenge such claims robustly. This lack of data hinders efforts to identify patterns of misuse and assess the effectiveness of reforms. A victim who had her case dropped, Jade McCrossen-Nethercott, criticized this lack of data collection as "absurd."
- How might the lack of data on sexsomnia cases affect the CPS's ability to address potential misuse of this defense and improve its handling of such claims?
- The CPS's failure to track sexsomnia cases raises concerns about its ability to combat potential exploitation of this rare sleep disorder. While the CPS claims to "robustly interrogate" all such claims, the absence of data prevents effective monitoring of the defense's success rate and identification of trends, such as the involvement of law firms advertising the defense. The lack of data also undermines the CPS's assurances of reform, leaving victims with little assurance that their cases will be handled properly.
- What are the potential long-term consequences of the CPS's failure to collect data on sexsomnia cases, including implications for victims' trust in the justice system and potential for future miscarriages of justice?
- The absence of data on sexsomnia cases prevents the CPS from identifying systemic issues, hindering meaningful reform. This data gap allows potential exploitation of the defense to continue unchecked, potentially leading to more miscarriages of justice. Without comprehensive data collection and analysis, the CPS is unable to evaluate the effectiveness of its internal safeguards, making it difficult to ensure improvements and provide victims with needed confidence in the system.
Cognitive Concepts
Framing Bias
The article's framing centers on the CPS's failure to collect data on sexsomnia cases, highlighting the lack of transparency and accountability in their approach. The use of quotes from victims and experts emphasizes the negative consequences of this omission. While the CPS's perspective is presented, the framing emphasizes the victims' concerns and the potential for systemic issues. The headline itself directly points out the CPS's lack of knowledge on the topic. This framing could lead readers to perceive the CPS as inadequate in addressing this issue.
Language Bias
The article maintains a relatively neutral tone, although the use of words like "exploited," "absurd," and "cynically" reveals a certain degree of negative assessment of the CPS's actions. The inclusion of victims' accounts adds emotional weight but does not shift to inflammatory language. Neutral alternatives could include replacing "exploited" with "potentially misused", and "cynically" with "opportunistically".
Bias by Omission
The article highlights a significant bias by omission: the CPS's lack of data on cases involving sexsomnia defenses. This omission hinders a complete understanding of the issue's prevalence and the effectiveness of the CPS's stated efforts to challenge these claims. The absence of data prevents an accurate assessment of whether the 'robust interrogation' of sexsomnia claims is actually working. The article rightly points out that without this data, the CPS is operating blindly and victims are not receiving adequate protection. The inclusion of anecdotal evidence and expert opinions, while helpful, does not substitute for quantifiable data that could reveal systemic issues.
Gender Bias
The article focuses on the experiences of female victims of alleged sexsomnia-related crimes. While this is important to represent their voices, it's possible to broaden the scope further by including male victims' experiences if they exist. The article uses gender-neutral language when referencing victims and perpetrators.
Sustainable Development Goals
The article highlights how the "sexsomnia" defense is being used to potentially undermine rape prosecutions, disproportionately impacting women who are victims of sexual assault. The lack of data collection by the CPS hinders efforts to understand the scale of the problem and implement effective countermeasures. This impacts negatively on Gender Equality as it allows perpetrators to escape justice and perpetuates a climate of impunity surrounding sexual violence against women.