Dear Jerry Hayes, The REAL Uncomfortable Truth About Rape and Why you should apologise…

Dear Jerry Hayes

My twitter time line exploded on Thursday night. As did I, in an almost-literal re-creation of Mr Creosote from Monty Python’s ‘The Meaning of Life’: not from eating too much food though – but from hearing too much un-varnished rape apologism. The reason for the twitter storm is because you said something really awful, denied that you said it, ignored some very public facts and have now gone on to blog about rape, claiming that your view is an ‘uncomfortable truth.

So I am going to deal with what was said, why it has upset lots of people, and why you really do need to apologize for it.

First your opening remarks, in response to the question about whether accused people should be anonymous:

I’ve been prosecuting and defending rape’s and serious sexual offenses for over thirty years. The fact is I am firmly of the view that if you are accused of a sexual offense, particularly with rape, particularly with children, you should be anonymous until after that trial. Because the stigma is just, well, it’s worse than murder. I have seen people who have been acquitted – perhaps when I’ve defended them – erm, hah-hah little plug…

(Yes. That’s right. In the middle of a discussion on the subject of rape and child abuse, you plugged your services and made a joke about it. Sensitive, much?) But moving on…

…the stigma sticks with them for life, everyone says ‘Oh, there’s no smoke without fire’.. and there’s, I know, a movement a people who say ‘Well it stop’s women from coming forward’ – it doesn’t stop women from coming forward, we’ve gone a long long long way from all the old idea’s about rape and they are treated very very well…

And at this point I have to stop for a moment. Partly because if I try to explain to you about the stigma of being abused and raped I will end up getting a bit emotional and I want to deal with facts as much as possible.

So here’s what what happened, and what was actually said, (and if you want to check me, be my guest:   and it starts at around the 42 minute mark) –

A member of the audience decided to take to task the notion that it is ‘easier’ for a woman to come forward to speak about rape, and that it is really hard to prosecute someone for rape. You cut her off mid-sentence to say that ‘it is honestly not the case’, but the audience member pressed her point by quoting the statistic that there were 95,000 reported  (important to emphasise that word) rapes which were prosecuted last year – and barely 900 convictions, and how does that show that it’s easier for women to come forward. That’s right Jerry: that figure she quoted you was based on those rape allegations which were brought to trial.

Those figures don’t just come from Rape Crisis, but are backed up by the CPS’s own figures. The 2011 CPS report on VAWG (Violence Against Women and Girls) showed a 38% rise from 2006/7 to 2010-11 in prosecutions of rape and domestic violence cases: up from 68,930 (of reported incidents) to 95, 257 (of reported incidents). If you don’t believe either the audience member, or me, or Rape Crisis then at least believe the CPS.

In your blog post you say:

I have been accused of saying that rape victims are liars. Not only did I not say or suggest this, I certainly don’t think it.

What you said (and again, pop along to BBC iPlayer and watch it again if you must) was this:

You can’t say there were 95,000 rapes because clearly they weren’t raped because the person wasn’t prosecuted.

Yes Jerry, that is exactly the same thing as calling rape victims liars.

To say such a stupid, crass, pig ignorant thing like ‘clearly they weren’t raped because the person wasn’t prosecuted’ is to demonstrate quite spectacularly not only an appalling ignorance of the facts, but is a quite spectacular example of the old idea’s about rape which you claimed just a few minutes before we come such ‘a long long way’ from.

Further, it is perpetuating the very same myths about false rape,  that the report issued by Keir Starmer and the CPS in March, are trying to dismantle. That report (which Stella Creasy tweeted out to you and you so casually dismissed) makes the very necessary point that not getting a conviction for rape is absolutely not because the victim was not raped. That report makes it clear that false rape allegations make up just 0.02% of all reported rapes.

Your blog post (which requires a trigger warning for rape victims so loud it would be heard from Mars) only makes what you said worse. Victims characters cannot be trashed?? Try telling that to Ched Evan’s victim (as just one random example).

So yes, of course you should apologize.

If you want to blog about the ‘uncomfortable truth’ about rape, I suggest you find out what the uncomfortable truth is first.

But if you want to insist you have nothing to apologize for, in the face of your own words and the overwhelming evidence, at least refrain from throwing words like ‘defamatory’ around on twitter to those who sought to call you out for the wrong you did.

Yours (most) sincerely