 |
Clarke 'not soft on serious rape'
2011-05-18 11:12:30
18 May 2011 Last updated at 17:59 Share this page Delicious Digg Facebook reddit StumbleUpon Twitter Email Print Ken Clarke clarifies 'serious rape' remarks
Please turn on JavaScript. Media requires JavaScript to play.
//Justice Secretary Ken Clarke watched Ed Miliband call for his resignation during PMQs while he was on the set of the Daily Politics, but suddenly left
When BBC interviewer Victoria Derbyshire interrupted to say "Rape is rape, with respect", Mr Clarke replied: "No it's not, if an 18-year-old has sex with a 15-year-old and she's perfectly willing, that is rape. Because she is under age, she can't consent... What you and I are talking about is we are talking about a man forcibly having sex with a woman and she doesn't want to - a serious crime."
He also said date rapes were included in the figures adding: "Date rape can be as serious as the worst rapes but date rapes... in my very old experience of being in trials [from his time as a practising lawyer]... they do vary extraordinarily one from another, and in the end the judge has to decide on the circumstances."
He later admitted he had confused "date rape" with sex with a willing but underage girl.
'Real disgrace'BBC home affairs correspondent Danny Shaw said Mr Clarke had, in any case, not been correct to suggest consensual sex with a 15-year-old would be rape - under the Sexual Offences Act 2003 children under 13 are presumed to be incapable of giving their consent to sex. Sex with a 15-year-old would amount to another sexual offence which carries a lower penalty.
Please turn on JavaScript. Media requires JavaScript to play.
//Rape sentence comments: no apology from Ken Clarke
In later interviews Mr Clarke said the "most extraordinary spin" had been put on his comments and he had been responding to average sentence figures that were put to him.
But he told BBC political editor Nick Robinson: "My view is all rape is a serious crime and if I have given the impression that is not my view then that is wrong, a wrong choice of words."
Asked if he had been ordered to apologise following the row, Mr Clarke said he had not - and he had not apologised: "I apologise if an impression has been given which is not my view and which I don't think I stated."
He added: "Nobody has had to tell me anything - I have always believed from the days I was a young lawyer that rape is a very serious crime - all rape."
The prime minister's spokesman said it was "clearly regrettable" if anybody had been offended by Mr Clarke's comments but said the PM had confidence in him.
He added there had been some misconceptions about what has been said, but added: "The prime minister has not spent the day watching Ken Clarke interviews."
He said both Mr Cameron and Mr Clarke had thought it important he "went out and clarified the position".