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For many people, sex is a common and enjoyable experience which takes place behind closed doors with no witnesses. The physical act of intercourse is often not at issue, with the issue being one of consent and it there for comes down to one person’s word against the other with no corroboration.

Contrast this to say a mugging or a burglary where again there may be no witness. The accused is unlikely to say, ‘Yes M’lud, I did beat him up or steal his wallet, but he consented to me beating him up or stealing his wallet.’ Even if the accused did say this, it is unlikely to be believed as being beaten up or having your wallet stolen are hardly pleasurable experiences. The accused would therefore be found guilty.

Contrast, ‘Yes M’lud, we did have sex, but she consented’ which is at least potentially credible with many other factors coming in to play. However, the jury has to be certain beyond reasonable doubt, not just satisfied on the balance of probabilities. It is therefore not surprising that rape conviction rates are lower than for other crimes.