Blunkett unveils plans to toughen rape laws

Accused rapists will be assumed guilty if it can be shown the alleged offence took place in any one of six circumstances, under legal changes announced yesterday.

Suspects would have to prove their innocence if the prosecution could prove an alleged victim was subjected to force or threats, David Blunkett, the Home Secretary, said. In such a case, the jury must assume consent had not been given. The same would apply if the victim had been unconscious, unlawfully detained, been unable to communicate because of a disability or had agreement to sex provided on their behalf by a third party.

Mr Blunkett said that where prosecutors had proved beyond reasonable doubt that such circumstances existed, the onus would fall on the defendant to prove – on the balance of probabilities – that consent had been given.

The consent tests are designed to correct a perceived imbalance in rape cases, where the rate of conviction has fallen from 25 per cent in 1985 to 7 per cent in 2000.

Mr Blunkett presented Parliament yesterday with a Command Paper, Protecting the Public, outlining an overhaul of the laws on sexual offences. The Government said placing the consent list on the statute books would "send a clear signal to the public about the circumstances in which sexual activity is likely to be wrong and will help encourage genuine victims to bring cases to court".

Other proposed measures will give children protection from sex attackers, including a new offence of "grooming" to prevent paedophiles preying on youngsters in internet chatrooms or inviting them to their homes. Discriminatory laws against homosexuals are to be repealed, although gays or heterosexuals having sex in public will still be prosecuted if other people are offended.