The views of a barrister who criticised new legal guidelines about rape in a blog called "She Was Gagging For It" have been branded "alarming" and "deeply offensive".
David Osborne, who was called to the criminal Bar in 1974 and has fought cases in the Court of Appeal, said men should walk free from rape trials if the victim says she was too drunk to give valid consent, saying he found it "distasteful and unattractive" that a victim cannot give consent when "blind drunk".
His blog, which appears under the masthead "witty, incisive comment on the law today", said: "If the complainant (I do not refer to her as the victim) was under the influence of alcohol or drugs, or both, when she was ‘raped’, this provides the accused with a complete defence. End of story and a victory for fairness, moderation and common sense!"
Campaigners said his "deeply offensive" blog ignores current law around consent and plays up to old-fashioned stereotypes of rape victims.
The blog was posted in response to guidance issued to lawyers and police officers dealing with rape cases by Alison Saunders, the Director of Public Prosecutions, which spells out situations where possible victims might be unable to give consent to sex, including because of alcohol or drugs.
Mr Osborne wrote: "I have always found it distasteful and unattractive the suggestion that as the victim was blind drunk she was therefore unable to give her consent to sex, or more to the point, she gave her consent which she would not have given had she been sober.
"In my book, consent is consent, blind drunk or otherwise, and regret after the event cannot make it rape..." David Osborne
The rape guidelines issued last month advise officers and lawyers to ask how the suspect knew the complainant had consented to sex ''with full capacity and freedom to do so''.
Rape Crisis England and Wales spokeswoman Katie Russell said: "Through his unwillingness and inability to grasp the simple legal principle that consent must be freely and fully given by someone with the capacity to do so, he has merely illustrated the desperate ongoing need for measures to improve the criminal justice system for sexual violence survivors.
"On top of this, it is outrageous and depressing that someone practising law in the 21st century should be so unabashed about airing such baldly misogynistic and victim-blaming views."
Mr Osborne also suggested that rape crimes would fall if girls "covered up".
He told the Daily Mirror: "You've seen the news sequences of girls who, regardless of the weather, have their backsides sticking out of their dresses and their tits hanging out of the same dress.
"Wandering around the streets, staggering around and then wondering at the end of all that why somebody has, if you like, taken advantage of them.
"I tell you what would drop the rape statistics would be if girls covered up, dressed appropriately and stopped drinking themselves legless."
Sarah Green, director of the End Violence Against Women Coalition, said she thought the blog was a "sick joke".
"This is a legal professional indulging in the oldest stereotypes about rape, probably for attention-seeking purposes, and appearing to condone the predatory behaviour of men who target vulnerable girls.
"I suggest he takes time to look at the impact of rape on survivors and how the situation is made worse by being told by people like David Osborne that it is their fault.
"We've moved beyond putting restrictions on women's movement and behaviour. We need to talk about men not raping women, not women preventing rape."
Ms Osborne is nicknamed "the barrister bard" for once delivering his closing speech to the jury in verse.
His blog also condemned the use of 'Ms' as a title for women and asked: "Is it just me, or are women taking over the world?
"It’s all to do with political correctness, or so they say, but speaking for my wife, and I suspect millions of other wives, when she agreed to marry me, convention dictated that she took my name and became Mrs. Osborne.
"She does not wish to be referred to as Ms. Osborne, nor does she wish to be known as my partner. It’s insulting!"
I think this smug SoB is just trying to sell his book by creating controversy. It is, however, possible that he really believes what he's saying; I'm sure there are many people who would agree with him - all men, of course.
On the other hand, drinking yourself so drunk that you pass out is completely irresponsible and definitely increases your risk of getting raped or molested. That shouldn't make a difference but it does. If men/boys had any redeeming character they would never take advantage of an unconscious girl, but they do, you know that, so why put yourself in harm's way?
That isn't victim-blaming; you have a right to not being taken advantage of, and your rapist deserves to rot in jail. But a little caution and self-restraint can reduce your risk. Osborne has taken that concept way too far.
So girls, if you have the great mis-fortune to get raped - don't go to this buffoon for a lawyer.
David Osborne, who was called to the criminal Bar in 1974 and has fought cases in the Court of Appeal, said men should walk free from rape trials if the victim says she was too drunk to give valid consent, saying he found it "distasteful and unattractive" that a victim cannot give consent when "blind drunk".
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| David Osborne |
Campaigners said his "deeply offensive" blog ignores current law around consent and plays up to old-fashioned stereotypes of rape victims.
The blog was posted in response to guidance issued to lawyers and police officers dealing with rape cases by Alison Saunders, the Director of Public Prosecutions, which spells out situations where possible victims might be unable to give consent to sex, including because of alcohol or drugs.
Mr Osborne wrote: "I have always found it distasteful and unattractive the suggestion that as the victim was blind drunk she was therefore unable to give her consent to sex, or more to the point, she gave her consent which she would not have given had she been sober.
"In my book, consent is consent, blind drunk or otherwise, and regret after the event cannot make it rape..." David Osborne
The rape guidelines issued last month advise officers and lawyers to ask how the suspect knew the complainant had consented to sex ''with full capacity and freedom to do so''.
Rape Crisis England and Wales spokeswoman Katie Russell said: "Through his unwillingness and inability to grasp the simple legal principle that consent must be freely and fully given by someone with the capacity to do so, he has merely illustrated the desperate ongoing need for measures to improve the criminal justice system for sexual violence survivors.
"On top of this, it is outrageous and depressing that someone practising law in the 21st century should be so unabashed about airing such baldly misogynistic and victim-blaming views."
Mr Osborne also suggested that rape crimes would fall if girls "covered up".
He told the Daily Mirror: "You've seen the news sequences of girls who, regardless of the weather, have their backsides sticking out of their dresses and their tits hanging out of the same dress.
"Wandering around the streets, staggering around and then wondering at the end of all that why somebody has, if you like, taken advantage of them.
"I tell you what would drop the rape statistics would be if girls covered up, dressed appropriately and stopped drinking themselves legless."
Sarah Green, director of the End Violence Against Women Coalition, said she thought the blog was a "sick joke".
"This is a legal professional indulging in the oldest stereotypes about rape, probably for attention-seeking purposes, and appearing to condone the predatory behaviour of men who target vulnerable girls.
"I suggest he takes time to look at the impact of rape on survivors and how the situation is made worse by being told by people like David Osborne that it is their fault.
"We've moved beyond putting restrictions on women's movement and behaviour. We need to talk about men not raping women, not women preventing rape."
Ms Osborne is nicknamed "the barrister bard" for once delivering his closing speech to the jury in verse.
His blog also condemned the use of 'Ms' as a title for women and asked: "Is it just me, or are women taking over the world?
"It’s all to do with political correctness, or so they say, but speaking for my wife, and I suspect millions of other wives, when she agreed to marry me, convention dictated that she took my name and became Mrs. Osborne.
"She does not wish to be referred to as Ms. Osborne, nor does she wish to be known as my partner. It’s insulting!"
On the other hand, drinking yourself so drunk that you pass out is completely irresponsible and definitely increases your risk of getting raped or molested. That shouldn't make a difference but it does. If men/boys had any redeeming character they would never take advantage of an unconscious girl, but they do, you know that, so why put yourself in harm's way?
That isn't victim-blaming; you have a right to not being taken advantage of, and your rapist deserves to rot in jail. But a little caution and self-restraint can reduce your risk. Osborne has taken that concept way too far.
So girls, if you have the great mis-fortune to get raped - don't go to this buffoon for a lawyer.
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