RAPE

Both these offences have a common element: unlawfully and maliciously administering or causing to be administered or be taken by any other person any poison or other destructive or noxious thing. The two offences then have different extra elements that need to be added to this core. In the case of section 23 it is that as a result the victim´s life was endangered or grievous bodily harm was inflicted. In the case of section 24 it is that the defendant intended to injure, aggrieve or annoy the victim.

The courts have developed a rather complex understanding of the term poison. There are some substances which are in their nature poisons even if a small amount is used. Putting arsenic in a person´s tea will be to poison them, even if so little is put in that it has no effect. Other substances are not poisonous on their own but will be treated as poisons if a sufficient amount is administered so as to affect the victim´s health. So administering a tiny amount of a sedative may not be to poison someone, but to administer a very large amount might be.

The verb administer is interpreted broadly in these sections. It certainly covers secreting poison in someone´s food or spraying poisonous gas in their face. If, however, the victim is aware the substance is poisonous and willingly takes it (e.g. it is illegal drug the victim wishes to use), then no offence will be made out.

RAPE:

Statistics

In 2006-07 there were 12,630 recorded rapes of women and 1,150 rapes of men (the majority of which involved boys under the age of sixteen). A study found that 23.9 per cent of women and 0.6 per cent of men had suffered an actual or attempted sexual assault in the year prior to the survey.

The common perception of the rapist being a stranger in a dark alley is misguided. Eighty-nine per cent of serious sexual assaults on women were carried out by someone known to the victim. This was true of 83 per cent of male victims.

Rape is one of the most serious criminal offences. It is an offence to which it has proved unusually difficult to find an effective legal response. The conviction rate is very low, in part this may be because in many cases it one person´s word against another´s, and even if the jury prefer the evidence of the victim they may not feel persuaded beyond reasonable doubt that the defendant is guilty.

Also it seems that defense barristers are able to rely on rape myths to bolster the defendant´s claims. These include the false beliefs that victims who dress in a particular way, or go to particular kinds of nightclubs, or are flirty, are willing to have sex with anyone. Indeed, one commentator has gone so far as to say:

There is still within our society credence given to the rape myths

That women can generally be taken to agree to sex at any time with any man, unless she dresses in very baggy clothing, stays indoors; is rude and unfriendly, and fight any man who attempts

...