Ken Clarke clarifies 'serious rape' remarks - BBC News BBC News Ken Clarke clarifies 'serious rape' remarks 18 May 2011 From the section UK Politics comments Read more about sharing. Close share panel Media captionKen Clarke has spent the day at the centre of a media storm, after remarks he made about rape on Radio 5 live caused controversy. Ken Clarke has declined to apologise after he appeared to suggest that some rapes were less serious than others. It followed a BBC interview about sentencing proposals in which he referred to "serious rape". The justice secretary later returned to TV studios to stress that "all rape is a serious crime" and that he had used the "wrong choice of words". Labour leader Ed Miliband had said he should quit for effectively suggesting there were "other categories of rape". The row began on Wednesday morning with remarks Mr Clarke gave in an interview with BBC Radio 5 live about proposals under consultation to halve jail terms for people who plead guilty early, including rapists.

Ken Clarke was defending his plans to cut in half the sentences of criminals who plead guilty long before they get to court Nick Robinson In full: Ken Clarke interview Ken Clarke: Regret but no apology Mr Clarke has not apologised for his remarks in general, but he has written to a victim of attempted rape, who also featured on the show, saying: "I have always believed that all rape is extremely serious, and must be treated as such. "I am sorry if my comments gave you any other impression or upset you." 'Proper punishment' At present, a defendant entering an early guilty plea can earn up to a third off their sentence. But proposals to halve sentences are outlined in a Green Paper on sentencing in England and Wales. In an interview with Victoria Derbyshire on BBC Radio 5 live, Mr Clarke argued that pushing for an early guilty plea would stop rapists denying charges and would relieve the victim of "going through the whole ordeal again and of being called a liar" in court. He dismissed suggestions rapists could be out in 15 months - calculated by halving the average sentence of five years, then allowing for the time someone would be allowed to serve on licence - as "total nonsense".

On being told that the five-year figure came from the Council of Circuit Judges, Mr Clarke said: "That includes date rape, 17-year-olds having intercourse with 15 year olds... "A serious rape with violence and an unwilling woman - the tariff is longer than that." Media captionJustice 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. In a separate interview with Sky News, Mr Clarke denied he was cutting sentences.

He said the proposal applied to every single criminal offence, adding: "Rape has been singled out as an example mainly to add a bit of sexual excitement to the headlines." At Prime Minister's Questions, Mr Miliband said Mr Clarke's comments had implied there were "serious rapes and other categories of rape" adding: "The justice secretary can't speak for the women of this country when he makes comments like that." David Cameron told MPs rape was "one of the most serious crimes that there is and it should be met with proper punishment" and the "real disgrace" was that only 6% of reported rape cases ended in a conviction. He said there was already a plea bargaining system in the UK and the government was only consulting on whether to extend it - and had not yet decided what crimes it should include. The prime minister said he had not heard the interview but Mr Miliband told him to go back and listen to it, adding: "The justice secretary should not be in his post at the end of today." Shadow home secretary Yvette Cooper said Mr Clarke "has to go if he stands by these comments because they are absolutely appalling".

Media captionRape 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".

Ken Clarke apologises for rape comments | The Independent Ken Clarke apologises for rape comments Wednesday 18 May 2011 17:05 BST Click to follow Indy Politics Justice Secretary Kenneth Clarke was today forced to make a public declaration that he regards "all rape as a serious crime", after he sparked a furore with comments suggesting he drew a distinction between "serious, proper rapes" and others. Mr Clarke tonight wrote to the caller who challenged him this morning on Five Live, saying he was "sorry" if his comments upset her. In an excerpt from the letter released by his office, the Justice Secretary said: "I have always believed that all rape is extremely serious, and must be treated as such. "I am sorry if my comments gave you any other impression or upset you." Labour leader Ed Miliband demanded Mr Clarke's sacking after a series of broadcast interviews in which the Justice Secretary defended controversial Government proposals to halve the sentences of some rapists if they made early guilty pleas. Under pressure from 10 Downing Street, Mr Clarke was forced to return to the TV studios to clarify his remarks. While he did not apologise for his comments, the Justice Secretary insisted that he had not intended to cause offence.

He told Sky News: "Obviously , I don't intend to give the impression and didn't intend to choose words which gave the impression that all rape is not serious. "Every rape is serious. That's always been my view and that's why I haven't the faintest intention of changing the sentence for rape." Mr Clarke said he would look back at the transcripts of his interviews, adding: "Obviously it's a mistake if I gave the impression I have any other views." The Ministry of Justice released a statement, in which Mr Clarke said: "My view has always been that all rape is a very serious crime, with appalling consequences for victims, and I certainly didn't mean to give any other impression. Any rape deserves to be punished with the full force of the law. "I and the Government are absolutely clear that we are not proposing - and never have proposed - to reduce the sentences available for rape, or any other crime." The row was sparked by an interview on BBC Radio Five Live, in which Mr Clarke angrily rejected reports that new plea-bargain arrangements could result in sex attackers facing just 15 months behind bars.

Asked why rape sentences were on average only five years, he said: "That includes date rape, 17-year-olds having intercourse with 15-year-olds. "A serious rape, with violence and an unwilling woman, the tariff is much longer than that. I don't think many judges give five years for a forcible rape, frankly." Asked if he thought date rape did not count as a "serious" offence, he said: "Date rape can be as serious as the worst rapes but date rapes, in my very old experience of being in trials, they do vary extraordinarily one from another and in the end the judge has to decide on the circumstances." Put to him that "rape is rape", he said: "No, it is not." Mr Clarke said he "could not think of a better example" than rape as an offence where it would be welcome to secure an early guilty plea, in order to spare victims the ordeal of going over the attack again in court. In a later interview with Sky News, Mr Clarke described some offences as a "proper rape case". "These are scare stories," Mr Clarke said.

"No one is saying a serious, proper rape case is going to be let out of prison after 12 months." Labour leader Ed Miliband seized on his remarks at Prime Minister's question time in the Commons, demanding David Cameron sack the veteran Cabinet minister by the end of the day. Mr Miliband said the Justice Secretary "cannot speak for the women of this country when he makes comments like that" and should be removed immediately from the high-profile role. Mr Cameron said he had not heard the interview but rape was "one of the most serious crimes that there is and it should be met with proper punishment". The "real disgrace" was that only 6% of reported rape cases ended in a conviction, he said - insisting the Government was taking action to improve that rate. A Downing Street source said they were sure Mr Clarke "will be clarifying his remarks to make sure everybody knows how seriously he takes rape in all its forms". So long as he did that, his position was not in question, she indicated. On his return to the Sky studio, Mr Clarke was pressed repeatedly to say whether he would apologise for his remarks. He responded: "I will have a look when I get the chance at the transcripts of what I said.

"If I have given the impression that I do not regard all rape as a serious crime, I will sit down and have a look at it and see how on earth I gave that impression. "I will make sure I give my views more clearly in future." He said his intention had simply been to explain that sentences for rapists vary from case to case, depending on the circumstances surrounding the offence. At present, admitting an offence immediately can qualify for a discount of a third of a sentence. Supporters of the reform say it spares victims having to relive their ordeals in court but Mr Miliband said it was opposed by judges, campaigners and the Government's own victims' commissioner. "Rape is such a serious offence and you should wait for the outcome of the consultation rather than just jumping on the bandwagon," Mr Cameron told him. The Prime Minister left open the possibility that rapists could be excluded from the move to increase the sentence reduction for early guilty pleas - noting that it was still up for consultation. Paul McKeever, chairman of the Police Federation which represents rank-and-file officers in England and Wales, said the Government should not be using "veiled and hidden discounts that the public don't understand and neither do I" in sentencing.

Asked if Mr Clarke should resign, he said: "It's not for me to say whether or not he should be in his place. Perhaps he will review and reflect on what he has said and look at it from a different perspective." Pressed repeatedly to say whether he would apologise for his remarks, Mr Clarke said: "I will have a look when I get the chance at the transcripts of what I said. "If I have given the impression that I do not regard all rape as a serious crime I will sit down and have a look at it and see how on earth I gave that impression. "I will make sure I give my views more clearly in future." He said he was "astonished" he could have given such an impression. Judges gave different lengths of sentences "according to the circumstances and the offender" and "you can get a very bad case of rape", he said. "That's why the tariff starts at 10 years." But he added: "The starting point as far as I am concerned is that all rape is a serious crime. There is no such thing as a trivial rape." Mr Clarke insisted he had been right to question the idea put to him by the first interviewer that rapists were sentenced to an average five years.

"I was, as it turns out afterwards, correct in pointing out that the average sentence is eight years which is very much longer than the interviewer believed." The Justice Secretary admitted he was unsure whether he had been right to claim that consensual sex between a 17-year-old and a 15-year-old was classified as rape. "It may be 13 - I will check," he said, noting that all underage sex was a serious sexual offence. Mr Cameron's official spokesman said later that Mr Clarke had the Prime Minister's confidence. At a regular daily media briefing in Westminster, the spokesman refused to discuss whether the Prime Minister had spoken personally to Mr Clarke and ordered him to go back on to the airwaves to explain himself. But he added: "I think he thinks it was important - as does the Justice Secretary - that the Justice Secretary went out and clarified the position." Asked if the Prime Minister thought Mr Clarke should apologise, Mr Cameron's spokesman said: "I think the Prime Minister would say that if people have been offended by these comments, then that is clearly regrettable. "But our position is very clear. We think rape is a very serious crime.

Serious crimes deserve serious punishments and we have yet to set out policy in this area." The spokesman stressed that the Government's final proposals on the extension of plea-bargaining had not yet been announced, and appeared to leave the door open for amendments before they are confirmed. "We are not setting out the policy imminently and clearly we continue to listen to people's views," he said. Labour MP Bridget Phillipson, who previously ran a refuge for the victims of domestic violence, said the Justice Secretary was "on the side of rapists". "We are already in a less than perfect situation where unfortunately many women do not report rape and it does not result in criminal prosecution. "So for the Justice Secretary to say that in effect he is on the side of rapists and not on the side of victims sends out absolutely the wrong message." Ms Phillipson told BBC Radio 4's PM programme that Mr Clarke had undermined years of work to encourage victims to come forward. Repeating the calls for his resignation, she said the discount policy was "not about supporting victims".

More about: Kenneth Clarke apologises for causing offence with comments about rape - Telegraph Politics Kenneth Clarke apologises for causing offence with comments about rape Kenneth Clarke, Justice Secretary, has apologised to a rape victim who broke down on the radio as she denounced his plans to halve jail terms in return for early guilty pleas. 6:56PM BST 18 May 2011 Comments Mr Clarke sparked calls for his sacking after appearing to say that some rapes were less serious than others during a BBC Radio 5 Live interview. Under pressure from 10 Downing Street, Mr Clarke toured the television studios to explain his remarks and insist that he regarded all rape as a serious crime. He declined several opportunities to say sorry, saying only that it had been a "mistake" if he had given any other impression. But his office this evening released an excerpt of a letter he had written to a rape victim who had challenged him on 5 Live in which he said all rape was serious and he was "sorry if my comments gave you any other impression or upset you". The row came as he sought to defend Government plea-bargaining proposals to offer a 50 per cent reduction in sentences in return for an early guilty plea for offences including rape.

Related Articles Rape victim breaks down in tears 18 May 2011 Speaking to 5 Live this morning, Mr Clarke appeared to draw a distinction between date rape and "serious rape, with violence and an unwilling woman". Put to him that "rape is rape", he said: "No, it is not." Asked why rape sentences were on average only five years, he said: "That includes date rape, 17-year-olds having intercourse with 15-year-olds. "A serious rape, with violence and an unwilling woman, the tariff is much longer than that. I don't think many judges give five years for a forcible rape, frankly." Mr Clarke was confronted on the radio by Gabrielle Browne, a rape victim who broke down in tears as she denounced the 50 per cent discount proposal as "a disaster". The woman said she had fought for 688 days to have her rapist brought to justice, only for him to have his sentence reduced for a guilty plea. She told Mr Clarke: "It happened to me.

It's a disaster, especially with sex offenders." In an excerpt of the letter he tonight sent to the caller, the Justice Secretary said: "I have always believed that all rape is extremely serious, and must be treated as such. "I am sorry if my comments gave you any other impression or upset you." Labour leader Ed Miliband seized on Mr Clarke's radio comments at Prime Minister's Questions in the Commons this afternoon, calling on David Cameron to sack the veteran Cabinet minister by the end of the day for suggesting that there were categories of rape which were not serious. The Justice Secretary "cannot speak for the women of this country when he makes comments like that", said Mr Miliband. Mr Cameron said he had not heard the interview but rape was "one of the most serious crimes that there is and it should be met with proper punishment". Within minutes of the exchange, Downing Street made clear that Mr Clarke would be "clarifying" his position. And in a hastily-organised second round of interviews, the Justice Secretary insisted he had not intended to cause offence. He told Sky News: "Obviously, I don't intend to give the impression and didn't intend to choose words which gave the impression that all rape is not serious. "Every rape is serious.

That's always been my view and that's why I haven't the faintest intention of changing the sentence for rape." Mr Clarke said he would look back at the transcripts of his interviews, adding: "Obviously it's a mistake if I gave the impression I have any other views." But asked if he was apologising, he told the BBC: "I haven't apologised, as far as I'm aware." Downing Street said later that Mr Clarke had the Prime Minister's confidence but refused to confirm whether Mr Cameron had personally ordered him to go back onto the airwaves to explain himself. Challenged over whether the PM thought an apology was called for, Mr Cameron's official spokesman said: "I think the Prime Minister would say that if people have been offended by these comments, then that is clearly regrettable.

"He thinks it was important - as does the Justice Secretary - that the Justice Secretary went out and clarified the position." The spokesman stressed that no final decision had yet been taken on whether to increase the maximum discount for a guilty plea from the current 33% to 50%, saying: "We are not setting out the policy imminently and clearly we continue to listen to people's views." Liz Kelly, co-chairwoman of the End Violence Against Women Coalition, said Mr Clarke's comments "appear to trivialise the seriousness of rape". "He seems to be relying on an outdated understanding that only rape of strangers is 'real rape' and harmful," she said. And the chief executive of the Women's Resource Centre, Vivienne Hayes, said the comments "smack not only of ignorance but of outright misogyny". "Attempting to apply a 'sliding scale' to so-called types of rape such as date rape further denigrates victims and lets off perpetrators too lightly," she said. Shadow home secretary Yvette Cooper said: "Ken Clarke needs to go much further than his weasel words this afternoon - he needs to show urgently that he understands why rape victims are so disturbed by his approach and drop his sentencing plan.

"Or how can he do a job which is supposed to deliver justice on rape?" Clarke forced to apologise for rape comments | Politics | The Guardian Kenneth Clarke Clarke forced to apologise for rape comments Justice secretary set to rethink plan to cut sentences after rejecting suggestion in radio interview that 'rape is rape' Wednesday 18 May 2011 16.13 EDT First published on Wednesday 18 May 2011 16.13 EDT Close This article is 5 years old Kenneth Clarke , the justice secretary, is expected to announce a climbdown over his plan for sentence discounts of up to 50% for early guilty pleas after he provoked a row by appearing to suggest that some rapes are more serious than others. A chastened Clarke apologised under pressure from David Cameron , who was furious with the veteran justice secretary after he rejected a suggestion in a live radio interview that "rape is rape". Clarke, who had initially refused to apologise in a round of TV interviews, wrote to a victim of attempted rape who had broken down in tears when she confronted him on a Radio 5 Live show over his "disastrous" plan.

"I have always believed that all rape is extremely serious, and must be treated as such," Clarke wrote. "I am sorry if my comments gave you any other impression or upset you." The political fallout from Clarke's intervention could come as early astommorow amid speculation that he will use an appearance on a BBC Question Time special filmed at Wormwood Scrubs prison, in London, to announce changes to his sentencing plans. Clarke had told MPs on Tuesday it was "likely" that his proposal to increase the sentence discount for early guilty pleas from a third to half the sentence, including in rape cases, would be included in the final government plans. He spoke with confidence after the cabinet home affairs sub-committee, chaired by Nick Clegg, had appeared to sign off on his plans on Monday. But a meeting of the sub-committee is expected to review his plans again. The sentencing green paper, which was to set out proposals to stabilise the prison population next week, is now likely to be postponed for three weeks until after the Whitsun recess. One Whitehall source highlighted the irritation with Clarke in No 10. "These plans have not been signed off on yet. Government policy is not government policy until it is in a white paper or a bill.

Ken's language was wrong." Clarke, who is already under fire from the Tory right over his plans to reduce the number of prison places, sparked fury among victims' and women's groups when he tried to distinguish between more and less serious forms of rape. In response to the comment "rape is rape" during a BBC interview, he 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 … about a man forcibly having sex with a woman and she doesn't want to – a serious crime." The justice secretary also said that so-called 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." Clarke later, during an interview with Sky News, accused his critics of focusing on rape simply to "add a bit of sexual excitement to the headlines".

Cameron was unaware of Clarke's comments when Ed Miliband challenged him in the Commons. "I have not heard the justice secretary's interview, but the position of the government is very clear: there is an offence called rape and anyone who commits it should be prosecuted, convicted and punished very severely," the prime minister said, adding that the plea bargaining plans were designed to increase the number of rape convictions. Clarke, who was due to comment on the exchanges in the Commons for the BBC Daily Politics programme, walked out of the studio five minutes into the weekly session of prime minister's questions. The justice secretary then embarked on a series of interviews, which ended in his apology. Asked by the BBC whether he would apologise or comply with a demand from Miliband for him to resign, he said: "Well, if someone can explain anything that I said as factually incorrect of course I would consider it...People are slightly spinning and loading into what I said in a way to get false indignation." Amid nerves in Downing Street he agreed to appear again for the cameras just after 2pm. "I haven't apologised as far as I am aware. I apologise if an impression has been given which is not my view and which I don't think I stated.

My view is that all rape is serious." At 6pm his letter of apology was released. Background Ministry of Justice documents show that the plan to encourage all defendants to plead guilty at the earliest opportunity by increasing the maximum discount from 33% to 50% is designed to save £130m a year within three years. An official impact assessment suggest it could save as many as 3,400 prison places a year by 2014 but reveals that officials expect the plan will only increase the average sentence discount of 25% to 34%. Justice officials believe there are large savings to be made in providing an incentive for earlier guilty pleas as more than 10,000 cases a year end in a guilty plea at the door of the court but the proposal has been attacked by senior judges. Although the justice secretary's lack of personal empathy with the issue clearly infuriated his critics and political opponents, the Sentencing Council's guidelines for judges set out a sliding scale of seriousness for the sentencing in rape cases.

Using a scale devised under Labour's 2003 Criminal Justice Act it ranges from a 15 year starting point for serial rapists to five years for a single offence of rape by a single offender. It adds that cases involving mutually agreed experimental sexual activity between two children where the victim is under 16 should be regarded as strong mitigation. Labour said Clarke's repentance did not go far enough. Clarke's long day 10am "A serious rape with violence and an unwilling woman – the tariff is longer than [15 months]." 11am "Rape has been singled out … mainly to add a bit of sexual excitement to the headlines." 3pm "If I've given the impression I do not regard all rape as a serious crime, I will have a look at it and see how on earth I gave that impression." 6pm "I have always believed all rape is extremely serious. I am sorry if my comments gave you any other impression or upset you." • This article was amended on 19 May 2011.

The original said that the Victims' Commissioner, Louise Casey, had described as "bonkers" the Kenneth Clarke proposal to increase the sentence discount for early guilty pleas from a third to half the sentence. This has been deleted because it was incorrect. Roger Helmer condemned by other Conservatives for suggesting some victims 'share a part of the responsibility' Published: 23 May 2011 Ministers to examine justice secretary's proposals, including controversial move to increase discounts for early guilty pleas Published: 19 May 2011 Justice secretary to face new attack over suggestion that some rapes are more serious than others Published: 22 May 2011 The justice secretary, speaking on BBC1's Question Time, expresses regret for his comments, but suggests that they shouldn't cloud the issue of sentencing reforms Published: 20 May 2011 Clarke’s a danger to women…he must go – The Sun RAPE storm Justice Secretary Ken Clarke has insisted he will NOT resign  but promised to “choose my words more carefully in future”. Last night, a furious sex attack victim called for him to be sacked after he said some rapes are less serious than others.

Gabrielle Browne, 45, told The Sun: “He is endangering women.” Earlier, she had confronted Mr Clarke on a radio show, branding him “out of touch and offensive”. The arrogant Justice Secretary caused uproar which led to him being: DENOUNCED by the anguished sex attack victim; BLASTED by women’s groups and a vicar’s daughter raped in a notorious sex crime; ORDERED to apologise by furious Prime Minister David Cameron, and URGED to quit by Labour leader Ed Miliband. Today Clarke promised to “choose my words more carefully in the future” but brushed off calls for him to apologise. Leaving for work this morning, he insisted he was simply explaining a “long-standing factual situation”. He said: “If I caused genuine offence to anybody by explaining that long-standing factual situation, then I must have made a very poor choice of words, so I will try to choose my words more carefully in the future.” Last night Mr Miliband said his comments were unacceptable and added: “The Justice Secretary should not be in his post at the end of today.” A coalition minister said Mr Clarke’s Cabinet career was “hanging by a thread”.

The furore was triggered by Mr Clarke’s bungling attempts to defend plans to halve jail sentences for rapists who plead guilty early. Talking on BBC Radio 5 Live, he denied it could lead to some sex fiends being freed after barely a year inside. He said: “These are scare stories. No one is saying a serious, proper rape case is going to be let out of prison after 12 months.” He said he had not consulted rape victims about his plans “because I haven’t met one recently”. He also appeared to suggest that date rape by someone known to the victim and sex with a minor are less serious offences than random attacks by strangers. Presenter Victoria Derbyshire told him: “Rape is rape, with respect.” Mr Clarke replied: “No it’s not.” Brave sex attack victim Gabrielle — dragged into park bushes, throttled and molested by serial sex monster Mohamed Kendeh in 2003 — called in to challenge him. She called the early release proposals a “disaster”.

And she said: “It is a fact the vast majority, in excess of 90 per cent, of sex offenders re-offend.” Talking to The Sun later, IT worker Gabrielle, 45, called for Mr Clarke to be sacked. Waiving her right to anonymity, she said it was clear he had “no idea” of the shocking ordeal she suffered, which still haunts her eight years after the attack. She added: “We cannot have British women fearing for their safety. Women are not safe in his hands. “I honestly do not believe he can continue in his position. He absolutely should not be in control of criminal justice policy if his policy is to endanger the public. “I was horrified to hear him say one rape is not as serious as another. I thought generally in justice circles it was fully accepted rape is rape, end of story.” Kendah, then aged 16 and an illegal immigrant from Sierra Leone, pounced on Gabrielle six months after he was freed from detention for attacking SIX other women in the same South London park. He denied trying to rape Gabrielle but admitted serious sexual assault. As a result his sentence was cut by a third from six to four years.

He served half the term then went on to re-offend. He is now in prison for violent robbery. Following the radio confrontation, Mr Cameron ordered Mr Clarke to go on air to apologise for the offence he had caused. But the Justice Secretary would only say he was sorry if his words had been misinterpreted. In the Commons, Mr Cameron insisted no decision had been made on the half-sentence proposals. And after the PM gave Mr Clarke a final ultimatum, the minister wrote a grovelling letter of apology to mum-of-two Gabrielle. He said: “I have always believed that all rape is extremely serious and must be treated as such. I am sorry if my comments gave you any other impression or upset you.” He also agreed to meet her face-to-face next week. But Gabrielle said he appeared “pompous” when she saw him on TV. And she added: “He shouldn’t just be apologising to me but to all rape victims he has no doubt offended.” Last night one rape victim, Jill Saward, said Mr Clarke “hasn’t got a clue” about the traumatic effect of rape.

In a crime that shocked the nation, Jill was raped by a gang of burglars who broke into her father’s vicarage in Ealing, West London, in 1986. The mum of three, now 46, was the first victim to waive her right to anonymity. She called for Mr Clarke to resign and said his “crazy” plans undermined attempts to cut violence towards women. Jill was backed by a host of women’s groups and charities. Jenny Kemp, of Zero Tolerance, said: “We are appalled Ken Clarke utterly fails to understand the nature of rape and to take it seriously. “It is a gross insult to anyone who has been raped to suggest that unless their assailant was a stranger who jumped out of a bush, it wasn’t really rape. “In fact 92 per cent of reported rapes are committed by someone known to the complainant.

“Ken Clarke should be working to challenge rape myths, not reinforce them.” Anna Bird, of equality campaign the Fawcett Society, said: “To suggest there are shades of sexual consent is offensive and legally incorrect.” King of bungle’s bad day 10.23am JUSTICE Secretary blunders on Victoria Derbyshire’s Radio 5 Live show by suggesting some rapes are less serious. Sex attack victim Gabrielle calls show to dismiss his sentencing idea as a “disaster”. 11.00am MR CLARKE’S day goes from bad to worse as he shoves a TV cameraman in his way after the interview at Millbank studios in Westminster. The pair almost become wedged in revolving doors. Ken Clarke to 'choose my words more carefully' | The Independent Ken Clarke to 'choose my words more carefully' Thursday 19 May 2011 08:27 BST Click to follow The Independent Online Justice Secretary Ken Clarke brushed off calls today to apologise for his comments on rape sentencing but promised to "choose my words more carefully in the future". Mr Clarke is facing continued pressure after sparking uproar by suggesting some rapes are more serious than others.

Leaving for work this morning, he insisted he was simply explaining a "long-standing factual situation". He said: "I've always said that all rape is serious and I've no intention of changing the sentencing guidelines on rape, which always attracts serious imprisonment, quite rightly. "Different rapes get different lengths of sentences from judges and always have, and they now follow sentencing guidelines which explain the different degrees of sentences. "If I caused genuine offence to anybody by explaining that long-standing factual situation, then I must have made a very poor choice of words, so I will try to choose my words more carefully in the future." Under pressure from 10 Downing Street, Mr Clarke was forced to tour the television studios last night to explain his remarks. He also said "sorry" to a sexual assault victim who broke down in tears as she challenged him during a radio phone-in about his plans to halve jail terms in return for early guilty pleas. But the apology failed to draw a line under the affair, with Labour continuing to question how he could remain in charge of justice policy for the coalition. He is due to face his critics tonight when he is scheduled to appear on the BBC's Question Time - to be broadcast from Wormwood Scrubs prison with inmates in the audience.

The row came as he sought to defend Government proposals to offer a 50% reduction in sentences in return for early guilty pleas for offences including rape. Speaking to BBC Radio 5 Live yesterday, Mr Clarke appeared to draw a distinction between date rape and "serious rape, with violence and an unwilling woman". Put to him that "rape is rape", he said: "No, it is not." Asked why rape sentences were on average only five years, he said: "That includes date rape, 17-year-olds having intercourse with 15-year-olds. "A serious rape, with violence and an unwilling woman, the tariff is much longer than that. I don't think many judges give five years for a forcible rape, frankly." Mr Clarke was confronted on the radio by Gabrielle Browne, the victim of an attempted rape, who broke down in tears as she denounced the 50% discount proposal as "a disaster". The mother-of-two, 45, said she had fought for 688 days to have her attacker brought to justice, only for him to have his sentence reduced for a guilty plea. She told Mr Clarke: "It happened to me.

It's a disaster, especially with sex offenders." In an excerpt of the letter he last night sent to Mrs Browne, the Justice Secretary said: "I have always believed that all rape is extremely serious, and must be treated as such. "I am sorry if my comments gave you any other impression or upset you." Speaking to The Sun after waiving her right to anonymity, Mrs Browne called for the under-fire Justice Secretary to resign, claiming he is "endangering women". She said: "We cannot have British women fearing for their safety. Women are not safe in his hands. I honestly do not believe he can continue in his position." Labour leader Ed Miliband seized on Mr Clarke's comments and called on David Cameron to sack the veteran Cabinet minister. Downing Street said that Mr Clarke had the Prime Minister's confidence but refused to confirm whether Mr Cameron had personally ordered him to go back onto the airwaves to explain himself last night. Asked about Mr Clarke's position today, Transport Secretary Philip Hammond said: "The Prime Minister has confidence in the Justice Secretary.

Ken is doing a very difficult job in very difficult circumstances." Speaking on BBC1's Breakfast programme, Mr Hammond said: "Perhaps he (Mr Clarke) didn't get his point across as he wanted to. The problem we are facing is that 94% of rapists go unpunished." Mr Hammond said the Government would listen carefully to public reaction to the 50% sentence reduction proposal. Leaving his home this morning, Mr Clarke said: "What I described was a long-standing factual situation which doesn't affect my reforms. "I've made no proposals to change the sentencing for rape, I've made proposals on the discount made for a guilty plea.

People are punished more if they make the witness go through the ordeal again, but that's a very long-standing arrangement which has always applied to all crimes." He laughed off suggestions that he should resign, saying: "I've encountered ministers resigning for proposals they haven't made, but to resign for proposals I've never made or thought of making would be just a little odd, I think." More about: Kenneth Clarke promises to 'choose words more carefully' - Telegraph Politics Kenneth Clarke promises to 'choose words more carefully' Kenneth Clarke, the Justice Secretary, has promised to "choose my words more carefully in the future" and brushed off calls for an apology after suggesting that not all rapes were serious. By Robert Winnett , and Christopher Hope 10:31PM BST 18 May 2011 Comments Mr Clarke infuriated victims after seeking to defend a proposal to halve rapists’ prison sentences if they pleaded guilty. The Coalition is now on the brink of abandoning the policy. His comments created a political storm and there were calls for his resignation after a sexual assault victim broke down in tears during a now-controversial radio interview.

Mr Clarke subsequently invited Gabrielle Browne, the victim of the attempted rape, to meet him next week to discuss her concerns about the criminal justice system's treatment of victims of sex crime. However, leaving for work this morning, he insisted he was simply explaining a "long-standing factual situation". He said: "I've always said that all rape is serious and I've no intention of changing the sentencing guidelines on rape, which always attracts serious imprisonment, quite rightly. Related Articles Rape victim breaks down in tears 18 May 2011 "Different rapes get different lengths of sentences from judges and always have, and they now follow sentencing guidelines which explain the different degrees of sentences. "If I caused genuine offence to anybody by explaining that long-standing factual situation, then I must have made a very poor choice of words, so I will try to choose my words more carefully in the future." Yesterday, in a radio phone-in, the Justice Secretary repeatedly insisted that some rapes were not as “serious” as others.

He indicated that not all involved an “unwilling woman” and when challenged over whether “rape is rape”, he replied: “No, it is not.” Mr Clarke admitted that he had made the “wrong choice of words” but, during a series of hastily-arranged broadcast interviews, initially laughed off calls for him to apologise. However, he is thought to have been ordered to express regret by David Cameron and later wrote to Mrs Browne, who had confronted him on the phone-in, to apologise. Downing Street aides described the episode as “regrettable” and indicated that the sentence-cutting plan would be scrapped. “Ken Clarke knows that he got his tone quite wrong,” said a source close to the Prime Minister. “This policy was a kite being flown before it had ever been agreed.” Last night, police chiefs demanded that the policy of offering serious violent criminals, including rapists, up to 50 per cent off prison terms if they pleaded guilty soon after being arrested, be abandoned. A spokesman for the Association of Chief Police Officers said: “We do support reduced tariffs for early pleas but not in violent crimes.” Ed Miliband, the Labour leader, demanded during Prime Minister’s Questions that Mr Clarke be removed from his post.

He said: “The role of the Justice Secretary is to speak for the nation on matters of justice and crime. This morning the Justice Secretary was on the radio suggesting that there were serious rapes and other categories of rapes. The Justice Secretary should not be in his post at the end of today.” Mr Cameron was left looking flat-footed and had to admit that he had not heard the broadcast. The row then consumed much of his afternoon, overshadowing his trip to Dublin to celebrate the Queen’s historic visit. Although the Prime Minister rejected calls to sack Mr Clarke, it is widely expected that the Justice Secretary will lose his position in the next Cabinet reshuffle. There was already growing irritation in Downing Street at his department’s apparently soft approach. The row began after Crispin Blunt, a junior justice minister, indicated to MPs on Tuesday that rapists would be eligible for discounted sentences, partly to save costs. In the phone-in yesterday morning, Mr Clarke appeared to support the plan before attacking suggestions that a rapist could be freed after just 15 months. He sought to distinguish between “serious” and date rapes. No distinction exists in sentencing guidelines.

He made a series of remarks about “classic” rapes and rape in the “conversational sense” and asked why rape sentences were on average only five years, he said: “That includes date rape, 17 year-olds having intercourse with 15 year-olds.” He added: “ Date rape can be as serious as the worst rapes but date rapes, in my very old experience of being in trials, they do vary extraordinarily one from another and in the end the judge has to decide on the circumstances.” During the programme, Mr Clarke was confronted by Mrs Browne, a mother of two. Speaking afterwards, she called his comments “disgraceful”. She told The Daily Telegraph: “Ken Clarke didn’t listen. His comment about not all rapes really being rape was disgraceful for a man in his position, a man of previous ministerial experience and previous experience as a barrister. He did not show empathy or understanding. If he can’t open his eyes and ears and listen and see life from a victim’s perspective then he should resign.

“If he sticks to his view that not all rape is rape; that the violation of the human body isn’t the same dependent on age or circumstances then he shouldn’t be involved in justice.” Last night, Mr Clarke announced that he had written her a letter. It said: “I have always believed that all rape is extremely serious, and must be treated as such. “I am sorry if my comments gave you any other impression or upset you.” Mrs Browne agreed to meet Mr Clarke next week. She told LBC Radio that she would "reserve judgment" on whether Mr Clarke should resign until after the meeting, adding that she did not know whether the letter of apology she received was simply a result of "all the media pressure that calls for him to resign". Sarah Hanner, another victim of a serious sexual assault, also condemned the sentencing plan. “I can’t help but think Ken Clarke has a patronising view in 'saving the poor women’ from the ordeal of a trial,” she said.

“I would never give sex attackers the convenience of a reduced sentence for pleading guilty.” Bridget Phillipson, a Labour MP who previously ran a refuge for victims of domestic violence, said: “For the Justice Secretary to say that in effect he is on the side of rapists and not on the side of victims sends out absolutely the wrong message.” One senior Conservative MP said that Mr Cameron’s refusal to sack Mr Clarke called his authority into question. In recent weeks, Mr Cameron has also resisted pressure to dismiss ministers including Vince Cable, Chris Huhne and Dr Liam Fox, all of whom have challenged his policies. “It’s all very well saying you’re not going to panic or react to headlines, but eventually that starts to look like weakness,” the MP said. The Prime Minister has made increasing rape convictions a priority. Currently, only six per cent of those accused of rape are found guilty. Mr Cameron said: “Anyone who has ever met a rape victim and talked to them about what that experience means to them and how it stays with them for the rest of their life can only want to have the most serious punishment possible.”

Question: Which cabinet minister made the following apology in 2011? "I have always believed that all rape is extremely serious and must be treated as such. I am sorry if my comments gave you any other impression or upset you".
Answer: KENNETH CLARKE