Wealth. Guilt. Shame.
These are all themes that take place in J.B. Priestley’s ‘An Inspector Calls’; a play many students study for their GCSEs. Did you study this play, or did you study another text? Let me know in the comments below!
This drama is centered around the suicide of the young working-class woman, Eva Smith. All the members of the Birling family are investigated by Inspector Goole for their individual contributions to her death. It is then revealed that Eva has been raped by Eric Birling.
Eva is not alone in this, with the Statista research department reporting an almost sixfold increase in the number of rape offences recorded by the police in England and Wales when comparing the years 2022/23 to 2002/03. This is why it’s an important issue that we must raise awareness about and know how to deal with should you or someone you love ever finds themselves in a similar situation.
Put simply, no one should ever be forced to have any kind of sex or physical attention from someone else. Consent is always necessary.
The Laws in Wales Surrounding Rape
In England and Wales, rape is a serious, crime according to the Sexual Offences Act 2003. Section 1 clearly states that ‘penetration’ where there is no consent is rape and is punishable by law. In doing this, Eric Birling committed a crime and would have been sent to prison if found to be guilty. Rape is a crime, and the perpetrator can be punished by up to life imprisonment.
What is “Consent”?
According to section 74 of the Sexual Offences Act 2003, you consent if you agree by choice to the act and you have the freedom and capacity to make that choice.
Having capacity can mean various things but includes whether the victim was under the influence of drugs or drink, asleep or had a medical or mental health condition which limited their understanding and ability to consent.
Age of Consent
In Wales, the age of consent is 16. If you’re under 13, then you’re seen by the law as not having the ‘legal capacity to consent’ meaning that sex is illegal even if you gave consent.
Just because you are 13 and over though does not mean you have to have sex if you don’t want to.
It is a crime for someone over 18 to have sex with someone under 18 if the older person is in a position of trust such as a teacher or social worker.
If this applies to you then your rights are protected by Section 8 of the Sexual Offences Act 2003 and this crime can see the culprit be punished with a sentence of life imprisonment. More information on sex and consent can be found on the Children’s Legal Centre website on the Sex and Consent page.
Sarah’s Law
If you are concerned that a child is at risk of rape (or any other harm) from someone then you can find out if they have a record for child sexual offences by asking the police for information under ‘Sarah’s Law’. This law means that we have the right to know about the criminal record of anyone we think could harm a child.
Clare’s Law (the Domestic Violence Disclosure Scheme)
If you are reading this and the person you are concerned about is someone that may be at risk of rape (or any other harm) from an adult in their life, then you or they can approach the police asking for more information under ‘Clare’s Law’. Under this law, police will disclose the criminal record of anyone who might harm a potential victim.
If you or someone you know has been affected by rape it is important that you understand that these laws are in place to protect rights and the rights of those around us. If Eva Smith was living in Wales, then she should have been safeguarded by these laws and organisations and have received justice.
Protection of Your Rights as a Child
If you are reading this and you are a child, then your rights are also safeguarded through the United Nations Convention on the Rights of the Child. This means that the authorities have a responsibility to make sure they stick to everything written in the convention so that you’re protected. Article 34, Section A states that they need to put in measures to prevent ‘inducement or coercion of a child to engage in any unlawful sexual activity.’
Eva didn’t feel like there were any measures put in place to protect her but in Wales there are lots of measures such as helplines and charities!
Signs of Rape
Rape affects everyone differently and it’s important to remember that there may not always be outward or obvious signs. However, there are signs that might indicate that something bad has taken place, and they are important to know in case someone you know exhibits them. The important signs to look out for are:
- Physical signs (pain, soreness, bruising, bleeding)
- Fear of certain people and/or places
- Anxiety and/or depression
- Isolating themselves
- Changes in sleep and eating patterns
And remember, rape doesn’t just happen to women and girls, it can happen to anyone regardless of age, gender or anything else.
Where to Find Help if You’ve Been Affected?
If you have been affected by anything mentioned here, then please know that there is help out there. Try talking to a trusted adult such as a family member, teacher or coach. Listed below are some useful contacts – please use them if you need any support!
Samaritans – 116 123
South Wales Police – 999 (Emergency) or 101 (Non-Emergency)
RapeCrisis – 0808 500 2222
Safer Wales – 02920 220033
Written by Maria Reji, a first-year Law student at Swansea University who is working towards a future career in the legal profession.
Many thanks to Belinda Moseley Senior Associate For and on behalf of Geldards LLP for checking the legal content of this blog.