Up to 40 rapists a year get caution, not charge

London, Apr 11: The number of rapists in Britain cautioned by police and released instead of being charged more than doubled in 10 years up to 2004, according to Home Office figures.

The statistics, which show that 40 people were cautioned for rape (37 against women and 3 against men) in 2004, compared with 19 in 1994, have surprised many involved in the criminal justice system.

Jennifer Tempkin, Professor of Law at the University of Sussex was quoted in the Times newspaper as saying she had never heard of a rape case resulting in just a caution.

''Some explanation would be useful so we can all be sure that cautioning is being used properly,'' she said. ''Forty cases of cautioning for rape in a year is a not insubstantial figure.'' The doubling in the number of cautions handed out has come at the same time that convictions for rape have dropped. Although many more rapes are reported, only 1 in 20 now results in a jail term compared with 30 years ago when the figure was nearer 1 in 3.

A police caution is a formal warning, given by a senior police officer, to be a person who admits to having committed a criminal offence which could have led to a prosecution.

According to the Home Office ''cautioning gives a range of less serious offenders a chance to reform without obtaining a criminal record, and many such offenders are not subsequently convicted in court''.

Yestrday, the Home Office said the government was committed to bringing rapists before the courts and increasing rape conviction rates.

''Rape is an appalling crime that devastates the lives of victims and their families. However, rape will always be a difficult offence to prosecute,'' the department said in a statement.

''The use of cautions in individual cases is a matter for the police and the CPS (Crown Prosecution Service) who would only use such a sanction under the most exceptional circumstances.''

REUTERS