Misanthropic Feminism: How and Why the Crown Prosecution Service (CPS) Sexually Discriminates Against Men in Uncorroborated Rape Cases where the Complainant Claims that they were Voluntarily Intoxicated

In four parts, this article is framed through the lens of an alleged innocent victim of a false allegation and wrongful conviction for a rape he says he did not commit. First, it will show how the Crown Prosecution Service (CPS) in England and Wales currently acts contrary to the Code for Crown Prosecutors (CCP), as well as a raft of international human rights and equality laws, when it discriminates against men in uncorroborated rape cases when the complainant says that she voluntarily intoxicated. 2 Second, it will critique the existing CPS guidance on rape and intoxication to show how it is also biased against men accused of rape by a complainant claiming to be voluntarily intoxicated. Third, it will conceptualize the competing discourses that have emerged in response to the low conviction rate, “Increased Convictions for Rape Discourse” (ICRD) and “False Allegations Discourse” (FAD), which compete for how the low conviction rate for alleged rapes should be interpreted. Finally, it will provide an explanation for why the CPS acts in the way it does through the development of additional new concepts. This includes “misanthropia,” to explain a germ that has infected the criminal justice system in terms an inherent bias against men in response to uncorroborated allegations of rape. It also includes “misanthropic feminism,” which is conceived to act against the interests of both women and men; against all of humanity in its ‘success’ of law and policy reforms with the aim of making it easier to convict men accused of rape who may not have committed the alleged offence. The central argument and general conclusion are straightforward: Unless and until the existing CPS guidance on rape and intoxication is reformed, the wrongful convictions that flow from uncorroborated allegations of rape where the complainant was voluntarily intoxicated that are currently being enabled by the CPS will continue unabated.