RAPE IS RAPE IS RAPE

Judges who believe there are greater and lesser degrees of rape hold views that almost certainly are contrary to those of the community.

The violation of women is rightly regarded as one of the most serious of crimes, one which until comparatively recently was punishable with the death penalty. Community enlightenment has resulted in the abolition of the ultimate sentence but the seriousness of rape as a crime is acknowledged by the statutory severity of the sentence which can be imposed on those convicted 0f the crime.

That judges differ in their attitude to rape is borne out by the variety of sentences imposed. Sentences in Victoria have ranged from imprisonment for four years and nine months to six years, 11 years, 12 years, 34 years (and in 2004, a suspended sentence). At least two sentences have been increased after the Crown appealed against the lightness of the penalty imposed by the trial judge.

The public was appalled by a South Australian judge's comment that a husband was entitled to use violence to force his wife into sexual intercourse. In another case, rape was judged less severe because the victim was a prostitute.

Two Supreme Court judges differed with the Chief Justice in their decision to reduce the sentence of an ex-policeman who had been convicted of raping, both anally and vaginally, a woman in a car-park. The reason the judges gave for reducing the sentence was that, in their opinion, it was not a very grave case!

The Chief Justice, to his great credit, had a different view. He said that the original sentence was merciful and the appeal should be dismissed. But the majority decision prevailed and the sentence was reduced by two years. (The then) Chief Justice John Harber Phillips had previously expressed a view that the courts should take a more serious view of rape and inflict longer sentences.

For rape there are no mitigating circumstances. If a woman says 'no', she means 'no' and men must learn to accept 'no' as an answer. There is no ambivalence in the word 'no'. It means what it says and the forceful rejection of a woman's decision should be punishable and the sentences similar whatever the circumstances.

First published 2 September 1994