Project Report On Brand HP Commerce Essay

Project Report On Brand HP Commerce Essay IT is forging ahead in the country and a wave of optimism continues to wash the industry current market scenarios present a perfect opportunity for IT industry. The Indian IT industry has been competing till now on its ability to reverse engineer the products, that are produced by international companies offer years of research to sale them at cheaper prices however the Indian IT companies have to develop their capacity in basic research to produce original molecules. Compton established in 1993, is a strong teaming of 45 IT professionals and prosperity for its customers. To make lives smoother with latest breakthrough in technology, enabling our customers to perform day to day jobs with speed and spending time saved on more important aspects of business or life. Compton is premium business partner for HP-Compaq and main focus as been to bring new technologies to Homes and Offices. HP Premium Business Partner is a rare status in HP. We have successfully finished several turnkey projects encompassing hardware, software and training on complete solutions Our main product line is PCs, Laptops, Palmtops, Projectors, Printers, Scanners, Laser Printer, Plotter, All in ones, TFT screens, Digital Solutions, PC Maintenance, Networking, Intranet Solutions. Compton specializes in bringing complete IT solutions to our customers. Let our customer be a mid-size corporate, or a SOHO user or a home user we try to go beyond customers expectations. Our service backup facility and well trained team is our main strength. Compton as a team thrives to reach out to our customers through our distribution channel. We wish to take our services globally with unwavering commitment to customer satisfaction. We wish to move forward with strong base of values, values that keep interest of our internal and external customers first without compromise. CONTENT:- Topics Page no. INTRODUCTION 6 1.1 HISTORY 6 OBJECTIVE 7 2.1 PRIMARY OBJECTIVE 7 2.2 OTHER OBJECTIVES 7 2.3 FOCUS 7 2.4 CULTURE FOLLOWED 9 2.5 DIVERSITY 9 2.6 AD CAMPAIGNS 9 RESEARCH METHODOLOGIES 12 HP CORPORATE MARKETING 12 SIGNIFICANCE OF BRAND HP 12 MADE FOR INDIA MARKETING 13 PRODUCT LINE OF HP 14 CONCLUSION 15 RFERENCE 16 INTRODUCTION The Hewlett-Packard Company (NYSE: HPQ) commonly known as HP is an American multinational computer hardware, software firm and is considered as one of the largest Information Technology corporation headquartered in Palo Alto, California, United States. It provides products, technologies, software, solutions and services to consumers, small and medium-sized businesses (SMBs) and large enterprises, including customers in the government, health and education sectors. HP is the worlds leading PC manufacturer. It specializes in developing and manufacturing computing, data storage, and networking hardware, designing software and delivering services. HP also has strong services and consulting business around its products and partner products. HISTORY:- HP was founded on January 1, 1939 as a manufacturer of test and measurement instruments by Bill Hewlett and Dave Packard who graduated with degrees in electrical engineering from Stanford University in 1935. The company originated in a garage in nearby Palo Alto during a fellowship they had with a past professor, Frederick Terman at Stanford during the Great Depression. Terman was considered a mentor to them in forming Hewlett-Packard. In 1939, Packard and Hewlett established Hewlett-Packard (HP) in Packards garage with an initial capital investment of US$538. Hewlett and Packard tossed a coin to decide whether the company they founded would be called Hewlett-Packard or Packard-Hewlett, Packard won the coin toss but named their manufacturing enterprise the Hewlett-Packard Company. HP incorporated on August 18, 1947, and went public on November 6, 1957. Their first product was a precision audio oscillator, the Model HP200A. Their innovation was the use of a small night-light bulb as a temperature dependent resistor in a critical portion of the circuit. This allowed them to sell the Model 200A for $54.40 when competitors were selling less stable oscillators for over $200. The Model 200 series of generators continued until at least 1972 as the 200AB, still tube-based but improved in design through the years. At 33 years, it was perhaps the longest-selling basic electronic design of all time. One of the companys earliest customers was Walt Disney Productions, which bought eight Model 200B oscillators (at $71.50 each) for use in certifying the Fantasound surround sound systems installed in theaters for the movie Fantasia. OBJECTIVE Primary Objectives:- To find out the attributes that enhance the customer value by providing better service to them and know how to motivate the more people towards IT. The Project required carrying out the comparative study of prices across Brands and Models also to carry out another comparative study of Margins of Dealers and Wholesalers. This would be done by finding out the Market Operating Price at which they are making deals and the volume of discounts offered by them. Then apart from studying the dealers a study of consumer buying behaviors was also required for the specific brands. This was done by making comparative study of HP along with other brands, in terms of consumer preference. Also dealers perspectives about the brand are also to be considered along with this the effect of prices on brand preference of the models. In the research we also tried to study consumer behavior for all the brands and also the dealers perception about the market of Home PCs, Laptops, Printers, PSC, Scanner, and TFT. For this Segmentation, Targeting and Positioning of various brands on recall, believability, association, final purchase. Other Objectives:- à ¢Ã¢â€š ¬Ã‚ ¢ To know the brand recall by customers. à ¢Ã¢â€š ¬Ã‚ ¢ To know the reason why people prefer HP (Hewlett-Packard) brand. à ¢Ã¢â€š ¬Ã‚ ¢ To increase the sales volume. à ¢Ã¢â€š ¬Ã‚ ¢ To give the customer satisfaction and also get the references from them. à ¢Ã¢â€š ¬Ã‚ ¢ To know which factor is important for customer before buying any IT product. à ¢Ã¢â€š ¬Ã‚ ¢ To illicit suggestion for better positioning for HP product. Focus:- The company was originally rather unfocused, working on a wide range of electronic products for industry and even agriculture. Eventually they elected to focus on high-quality electronic test and measurement equipment. Throughout the 1940s to well into the 1990s the company focused on making signal generators, voltmeters, oscilloscopes, counters, and other test equipment. Their distinguishing feature was pushing the limits of measurement range and accuracy. For instance, almost every HP voltmeter or signal generator has one or more extra clicks of its knobs than its competitors. HP voltmeter or ammeters would measure down and up an extra 10 to 100 times the units of other meters. Although there were good reasons why competing meters stopped at 1 volt full scale, HP engineers figured out ways of extending the range of their equipment by a considerable amount. They also focused on extreme accuracy and stability, leading to a wide range of very accurate, precise, and stable frequency co unters, voltmeters, thermometers, and time standards. During the sixties and seventies:- HP is recognized as the symbolic founder of Silicon Valley, although it did not actively investigate semiconductor devices until a few years after the Traitorous Eight had abandoned William Shockley to create Fairchild Semiconductor in 1957. Hewlett-Packards HP Associates division, established around 1960, developed semiconductor devices primarily for internal use. Instruments and calculators were some of the products using these devices. HP is acknowledged by wired magazine as the producer of the worlds first personal computer, in 1968, the Hewlett-Packard 9100A. HP called it a desktop calculator because, as Bill Hewlett said, If we had called it a computer, it would have been rejected by our customers computer gurus because it didnt look like an IBM. We therefore decided to call it a calculator and all such nonsense disappeared. An engineering triumph at the time, the logic circuit was produced without any integrated circuits; the assembly of the CPU having been entirely executed in discrete components. With CRT readout, magnetic card storage, and printer the price was around $5000. The company earned global respect for a variety of products. They introduced the worlds first handheld scientific electronic calculator in 1972 (the HP-35), the first handheld programmable in 1974 (the HP-65), the first alphanumeric, programmable, expandable in 1979 (the HP-41C), and the first symbolic and graphing calculator HP-28C. Like their scientific and business calculators, their oscilloscopes, logic analyzers, and other measurement instruments have a reputation for sturdiness and usability (the latter products are now part of spin-off Agilents product line). The companys design philosophy in this period was summarized as design for the guy at the next bench. In the eighties and beyond:- In 1984, HP introduced both inkjet and laser printers for the desktop. Along with its scanner product line, these have later been developed into successful multifunction products, the most significant being single-unit printer/scanner/copier/fax machines. The print mechanisms in HPs tremendously popular LaserJet line of laser printers depend almost entirely on Canons components (print engines), which in turn use technology developed by Xerox. HP develops the hardware, firmware, and software that convert data into dots for the mechanism to print. In 1987, the Palo Alto garage where Hewlett and Packard started their business was designated as a California State historical landmark. In the 1990s, HP expanded their computer product line, which initially had been targeted at university, research, and business customers, to reach consumers. Later in the decade HP opened hpshopping.com as an independent subsidiary to sell online, direct to consumers; the store was rebranded HP Home Home Office Store in 2005. HP also grew through acquisitions, buying Apollo Computer in 1989, Convex Computer in 1995, and Compaq in 2002. Compaq itself had bought Tandem Computers in 1997 (which had been started by ex-HP employees), and Digital Equipment Corporation in 1998. Following this strategy HP became a major player in desktops, laptops, and servers for many different markets. Culture followed:- The founders, known to friends and employees alike as Bill and Dave, developed a unique management style that has come to be known as the HP Way. In Bills words, the HP Way is a core ideology . . . [that] includes a deep respect for the individual, a dedication to affordable quality and reliability, a commitment to community responsibility, and a view that the company exists to make technical contributions for the advancement and welfare of humanity. Diversity:- Hewlett-Packard received a 100% rating on the Corporate Equality Index released by the Human Rights Campaign starting in 2003, the second year of the report. In addition, the company was named one of the 100 Best Companies for Working Mothers in 2004 by Working Mothers magazine. Hewlett-Packard is also involved in the NEPAD e-school program to provide all schools in Africa with computers and internet access. Ad campaigns:- Hewlett-Packard has used a number of innovative commercials to sell its products. Like You + HP: digital photography. A television ad campaign for Hewlett-Packards digital photography (titled You + HP: digital photography) has been noted for its simple special effects and choice of music. It won Campaign of the Year from Adweek magazine in 2004. Songs used in You + HP Campaign: à ¢Ã¢â€š ¬Ã‚ ¢ Picture Book by The Kinks à ¢Ã¢â€š ¬Ã‚ ¢ Out of the Picture by The Robins à ¢Ã¢â€š ¬Ã‚ ¢ Pictures of You by The Cure à ¢Ã¢â€š ¬Ã‚ ¢ The Rainbow by The Apples in Stereo à ¢Ã¢â€š ¬Ã‚ ¢ Across the Universe by The Beatles Acquisitions:- Data Systems, Inc. A small 5-person company called Data Systems, Inc. Owned by a chemical manufacturer, Union Carbide, who failed in their diversification efforts, HP bought the group and this helped to launch the HP 2116A in 1966. A computer designed to automate the collection and processing of data from the companys test and measurement devices, it marked HPs entry into the growing computer industry. Apollo In 1989, HP Acquired Apollo computer for $476 million. HP was able to achieve a growth in market share after the merger; with the market at the time valued at $4.1 billion and the fastest-growing area of the market. VeriFone On April 23, 1997, HP announced plans to acquire VeriFone, the leading provider of card-swipe terminals on retail countertops to approve purchases, in a $1.18 billion stock swap. On May 10, 2001, Gores Technology Group acquired VeriFone from HP. Bluestone On January 18, 2001, HP acquired Bluestone Software, Inc., a leading provider of B2B, B2C, and wireless open platform solutions. Indigo On March 22, 2002, HP acquired Indigo N.V., a leader in digital offset color printing systems. Compaq On May 3, 2002, Hewlett-Packard merged with Compaq Computer Corporation, a controversial move intended to make the company the personal computing leader. The merger opposition was led by Walter Hewlett, son of HP founder William Hewlett. Snapfish On April 15, 2005, HP acquired Snapfish, a leading online photo service based in San Francisco, California, USA. AppIQ In October of 2005, Hewlett-Packard acquired the private company AppIQ (short for Application IQ). The company was founded in 2001 by Ash Ashutosh and David Chang, and offered several digital storage solutions. The company had employed up to 235 people by June 2005. OuterBay On February 7, 2006, HP agreed to acquire OuterBay, a leading provider of archiving software for enterprise applications and databases. OuterBay is headquartered in Cupertino, California, USA, with offices in the US, UK, and India. Silverwire On June 6, 2006, HP announced it was acquiring Silverwire Holding AG, a commercial digital photography solutions and software provider with a strong presence in the retail photo market. Silverwire is headquartered in Zug, Switzerland. Mercury Interactive On July 25, 2006, HP announced plans to acquire Mercury Interactive (MERQ.PK), a company that provides Business Technology Optimization software (i.e. software that helps a company govern, develop and maintain its technology stack). This acquisition is expected to occur in Q4 2006 and will result in an HP software business of around $2 billion. VoodooPC On September 28, 2006, HP announced it will expand its presence in the gaming market by acquiring VoodooPC, a maker of high-performance gaming, luxury, and entertainment PCs based in Calgary, Alberta, Canada. This acquisition is expected to close by November 2006. Competitors:- Major competitors of HP in the computer business include Apple Computer, Dell, Gateway, Lenovo (Purchased IBMs Non-server Personal Computer Business), Sony and Toshiba. Major competitors of HP in the server business include Sun Microsystems, IBM and Dell. Major competitors of HP in the printer business include Brother, Canon, Epson, Lexmark and Dell (who rebrands and repackages Lexmark products) Outsourcing:- In 1994, HP decided to outsource its manufacturing to third-party vendors and oversea countries to lower costs and raise profits. Today, desktop computers are assembled in Guadalajara, Mexico where HP employs approximately 1,500 workers. Notebook computers are assembled in China from third-party vendors. Servers and workstations are still assembled in the United States. In 2003, HP had 140,000 employees worldwide. Under HPs current restructuring program, HP began reducing its workforce to lower its costs. By 2006, HP experienced a record profit of $1.5 billion in just one quarter. RESEARCH METHODOLOGIES MARKETING STRATEGY HP Corporate Marketing:- HP is a company unlike any other. They serve everyone from consumers to small and mid-sized businesses to enterprises to public sector customers with an extensive portfolio of market leading solutions specifically designed to meet the needs of each customer segment. They focus on helping people apply technology in meaningful ways to their businesses, personal lives and communities. Their annual RD investment of nearly $4 billion fuels the invention of products, solutions and new technologies, to serve customers better and enter new markets. They produce an average of 11 patents a day worldwide. In addition to the RD and innovation in their product and services groups, HP labs provides a central research function for the company focused on inventing new technologies to improve the customers lives, change markets and create business opportunities. Source: Technology Business Research, Inc., Oct. 26, 2004 Millions of people around the world use HP technology every day. They are largest consumer IT company, the worlds largest SMB IT company and leading enterprise IT company. For more than 100 million cell phone subscribers, it is HP software that identifies them when they turn on their own phones and allows them to place calls. HP powers 100 of the worlds stock and commodity exchanges, including the NEW YORK STOCK EXCHANGE and 14 of the worlds largest trading markets. In response to customer needs and the changing market conditions, they have built a portfolio unequaled in the industry. HP technology now ranges from consumer handled devices all the way to some of the worlds largest and most powerful supercomputer installations. Their strategy is to offer products, services and solutions that are high tech, low cost and deliver the best customer experience. They have dynamic, powerful team of 150,000 employees for the fiscal year that ended Oct 31, 2005 HP has corporate headquarters in Palo Alto, California. HP has a significant in all market they serve:- Consumer Our consumer business has leadership in handhelds, notebooks, printers and cameras focused on delivering simple, rewarding experience to millions of customers. Small and Medium Business Working with local reseller partners, HP serves business customers worldwide to provide specialized expertise, a complete portfolio of products, solutions and services. They have market- leading positions in datacenter and office computing, and the imaging and printing market. Enterprise The enterprise segment draws from Hips full portfolio of products, services and solutions. We collaborate with large customers to build an Adaptive Enterprise helping them achieve more simplicity, agility and value across their organization. We are No. 1 or No. 2 in all three server based operating environments, and we hold top positions in enterprise storage and IT services management. Public sector, health education With more than 60 years of experience serving the technology needs of the public sector, HP brings the full breadth of its portfolio and alliances to help governments, educators, healthcare providers and others working in the public interest to lower their costs, increase efficiencies and serve their citizens, businesses and government agencies better. Their Key Words Doing well by doing good As proud as they are of their capabilities, they are equally proud of their people, standards and values, and deep commitment to global citizenship. Since our first year in business in 1939, HP has given back to communities through philanthropic donations of money, equipment and time. While the scale and reach of business have changed in 66 years. The challenge is to continue to shape the impact of corporations as a constructive force, using our heritage and our actions as tool for doing so. Made for India Marketing:- Brands and Marketing were traditionally dominated by the US, Germany and Japan. In Interbrands global brand scorecard, 14 of the top 20 global brands are US brands (HP is 12 by the way). Consulting firms, advertising agencies and market intelligence companies were primarily based in these countries. Product marketers worked in those three countries; they catered to the local customer needs and created products for those markets that would be then exported with little differentiation to the rest of the world. I was in Bangalore, India recently and I was struck by how much this could become the model of the past. I recommend reading Goldman Sachs excellent economic paper -Dreaming with BRICs: The Path to 2050. The report predicted in 2003 that in less than 40 years, the BRICs economies (Brazil, India, China, Russia) together could be larger than the G6 (top 6 economies in the world) in US dollar terms. By 2025, they could account for over half the size of the G6. Of the current G6, only the US and Japan may be among the six largest economies in US dollar terms in 2050. The recent trends and stats from the BRIC countries indicate that this prediction is accelerating and things may happen sooner. Products will need to be developed specifically for the customer needs in those countries, campaigns will be tailored to local tastes and Marketing will happen increasingly first in those markets and then get exported to the rest of the world, even for US brands. Nokia, which is the only company in the top 20 brands that is not based in any of the three countries, is a great example of this trend (Nokia is based in Finland). Nokia started operations in India in 1995. In 2005, India is among the top 5 markets for Nokia worldwide. Nokia has developed major efforts in adapting its products and advertising to the specificities and tastes of the Indian market: 1998- Indian ringtone 2000- First Hindi User Interface 2002 -First Hindi text input -2003- First Made for India phone (Nokia 1100) 2004 -Hindi SMS campaign 2005 -Local User interface in additional local languages If you consider the forecasts of the Goldman Sachs report, India and China will represent soon 2 of the top 3 markets for most technology products. This will have significant consequences on marketing resource strategies as these markets evolve from low cost offshoring tactics to local strategic marketing talent hiring. This clearly highlights the imperative to re-think the core competencies of US-based Marketing and evolve marketers skills accordingly. Product line of HP:- HP has ventured into various products in different categories. Some of them are as follows 1 Printer:- 5 Desktop computers:- 1.1 LaserJet printers (color and monochrome) 5.1 Compaq Presario Desktop 1.2 ColorJet printers 5.2 HP Pavilion 1.3 Officejet All-in-one printers 1.8 Designjet Printers 6 Plotters 1.9 Deskjet printers 7 Pocket calculators 2 Digital Cameras:- 2.1 Original line 8 Blade Systems 2.2 HP E-series 2.3 HP M-series 9 Personal notebooks 2.4 HP R-series 9.1 Pavilion notebooks 9.2 Compaq Presario 3 Scanners:- 9.3 HP Mini 3.1 Scanjet series 3.2 Film scanners 10 Workstations 4 Mobile phones 11 Servers CONCLUSION The Indian I.T. market currently appears to be at a crossroads, where I.T.marketers are attempting to change the customer perceptions of their brands in the specific buying motivations appear to be replacing generalities. This meanwhile is quite unlike the west where buyers consider, aesthetics, comfort and safety, not necessarily in that order. Before finalizing a purchase. Its smarter to think about emotions and attitudes if marketers are to do a better job of marrying what are HP offers to the consumers image of the offerings. The mindset of the Indian Consumer is such that he is delighted if he buys the pen, a little cheaper than his neighbour. Things are, however, a slowly changing and customers at the upper end of market are now ready pay more for more. I hope that this approach will soon enter the new era, may be not with the same intensity. Success will largely determine to the extent a company can differentiate itself in terms of intangibles that grow with the product. In 1973 HP becomes the first US company to institute the flexible working hours or flex time. Under the program, HP employees can begin work at any time during a two hour period and leave after completing an 8 hrs. workday. The purpose, as explained by Bill, is to gain more time for family leisure, conduct personal business, and avoid traffic jams or to satisfy other individual needs. HP introduces the first electronic calculator to print Japanese characters. The model 9810 desktop calculators are marketed in Japan by Yokogawa Hewlett-Packard.

Public education vs. home school Essay

Deciding which is better between public education and home schooling may often cause a debate. There are similarities between them, such as both being a good source of education for students. However, there are a few differences. For instance, home schooled students may graduate earlier than public schooled students while public school has more to offer. Even though home schooling has an advantage, public education is a better educational experience because of the opportunity, social skill development, and the things a student can learn from being in a class size of more than one. While home school may give a student the opportunity to graduate early, public schooling offers many more memories and opportunities that the students will cherish. When attending public school, students are given the opportunity to earn scholarships to help them further their education and continue working on their talents, depending on which way they earn their scholarship. They are given different ways to earn them such as playing sports, getting good grades, and being involved in musical activities. A student attending public school gets a chance to make priceless memories that they cannot get back. The ways that they can earn scholarships also play a part in creating memories. It is going to be a great feeling to be able to look back and tell stories to their loved ones. They will want to share how they got trophies and so much school recognition when they were the starting quarterback or the number one batter on the softball team or even the drum major for the high school band. Students also cannot get letterman jackets being homeschooled while the students in public school is able to get their name and their accomplishment patches on their very own letterman jacket. Each year, students are given a yearbook to look back at pictures they took with their friends and the group activities in which they were involved. There is nothing better than transporting back to the younger days while flipping back through the yearbook as an adult. Also, a certain piece of jewelry can put a smile on the face of an adult as they reminisce. Having a class ring as a souvenir is such a wonderful treasure. Graduating is such a significant accomplishment and students are going to want these memories and something to show for their achievements. Some students do not think having a diploma is not enough. It does not get better than having a class ring to go along with scholarships, letterman jackets, yearbooks, and the cap and gown. When students attend public school, they are learning  life lessons, and while they do not realize it, it pays off in the future. Knowing how to be around all kinds of different people on the daily basis is very beneficial to the students as they develop. Students that are home schooled are not around unfamiliar people, such as new students, new teachers, others that are different from them, and substitutes on a daily basis and this can affect them socially. There will be students that do not get along and students that have to work in groups who may not be too fond of each other, but being in public school will help those students learn how to cope with uncomfortable situations. In the outside world and the future workplace, there will be similar situations, and they will be able to apply the skills that they learned in school to these situations. Having social skills is not just about having friends, it is about knowing how to speak to anybody the proper way at any given time. Having good social skills and knowing how to speak is going to follow the students in their futures. For example, when they go apply for a job, and they are offered an interview right on the spot, they need to know what to say and how to say it. Home schooled students are limited while public schooled students are benefiting quite well from this daily, making public school the better place for students to get an education. A lot of people might say that having a class size of one will help the student learn better and more than the students in a classroom of an average of about twenty-eight people. However, there are a few things that the students can learn from being in a class size of more than one. Patience is one of them. In a class size of one, students are only used to being by themselves and being answered right on the spot. In classrooms of more than one, on the other hand, the students learn patience when they have to wait for their turn. They also learn how to be patient with other students. Not knowing how to be patient can create a sense of selfishness which can give them somewhat of a bad image in the real world. The students also learn how to work in groups with different people that carry different attitudes and personalities. Patience and good social skills can help get through a group project. When working in groups, it can be difficult, especially when every student of the group has t heir own ideas and do not know how to handle the situation in a cordial manner. The work has to get done, and them knowing how to work together is going to go a very long way. There may be a time when a student meets someone in public that  could give them a big opportunity. A student that knows how to speak in a professional tone instead of being shy will have a good chance of getting the chance to take advantage of that opportunity. Public school will teach more lessons than home school giving the students an advantage when it is time to handle different situations in life. Having a class size of one is okay. However, students need to learn how to work around and with others and still get their work done. Students will appreciate the memories they can create and other opportunities that they can earn from getting a public education. The educational experience is more than just learning the school’s curriculum. Being home schooled can teach a student the curriculum along with basic things that they would learn at home while public education can teach m ore than just that such as life lessons that they will need in the future.

Nescafe and Social Media - 6187 Words

and the Social Media by Tanya Senkovska 11114117 Stella Valcheva 11114120 Teodora Gocheva 11114125 1 CONTENTS Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦3 Theory Marketing Concepts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦4 Social Media †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 Social Media Marketing †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..6 Nescafe The Brand †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Nescafe Marketing Analysis (theory implementation) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦9 Advertising †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦12 Corporate Social Responsibility †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦13 Nescafe and the Social Media Social Media tips and rules†¦show more content†¦It is the one for which the firm could create maximum customer value. POSITIONING Positioning of the product is determining the place it takes in consumers` minds. Efforts are put to differentiate the product from competitors` products, so that it could be accepted as unique. 4 MARKETING MIX Thus the overall marketing strategy is outlined. The next step is to choose the most appropriate marketing mix – the 4Ps that will bring the company the best response to its wants. Product – the portfolio of goods-and-services the company offers to the target market Price – amount of money to be paid, adjusted to the current competitive and economic situation, in line with buyer`s perceptions of the product`s value. Place – all the activities that make the product available to target consumers, including intermediaries, distributors, sellers. Promotion – all the activities that present the unique characteristics of the product and persuade the customer to buy it. SWOT ANALYSIS The SWOT analysis is an extremely useful tool for understanding and decision-making for all sorts of situations in business and organizations. SWOT is an acronym for Strengths, Weaknesses, Opportunities, Threats. SWOT analysis headings provide a good framework for reviewing strategy, position and direction of a company or business proposition. Use SWOT analysis for business planning, strategic planning,Show MoreRelatedNescafe Products Are Produced By Nestle1343 Words   |  6 PagesHistory of Nescafe Nescafe products are produced by Nestle. Nescafà © coffee originated in Brazil in the 1930s when Brazilian government asked the Nestle Company to find a way to preserve its huge coffee surpluses. After eight years of researched, coffee specialist, Max Morgenthaler, and his team successfully create a delicious cup of coffee by just simply adding boiling water. They succeeded in producing the world’s first instant coffee extract and were well known around the world. (Nescafe, 2017) Read MoreInstant Coffee Market Is On The Stage Of Growth1338 Words   |  6 Pagesinterpreted as there is demand of premium instant coffee. To supply the rise of premium instant coffee and micro-ground varieties the major instant company launched premium instant coffee: Nestlà © SA’s Nescafà © Azera Barista Style, Jacobs Douwe Egberts’ Kenco Millicano WholeBean. New premium products which is Nescafà © Original Smooth Roast has come out and launched in August 2014, and Beanies The Flavour Co’s three flavoured instant coffees in amaretto, Irish cream and cinder toffee, introduced in July 2013Read MoreProject Report on Nescafe Bangladesh8671 Words   |  35 Pagesthe consumer preferences for the leading coffee brand Nescafà ©. 1.2. Objectives The objectives of the study are: Broad objective: To develop profile of Nescafà © and the Coffee drinkers Specific objectives: To attain the broad objective following specific objectives were pursued: †¢ To know the Nescafà © Coffee industry briefly. †¢ To identify the Market Segmentation and Target Market, Positioning Strategies Marketing Mix of Nescafà ©. †¢ To discover the Brand Image, Product PositioningRead MoreNescafe Brand Management6557 Words   |  27 PagesNescafe Brand Management Brand Audit Objectives, Scope, and Approach Objectives: We seek to understand the health of Nescafà ©Ã¢â‚¬â„¢s brand equity and basis of positioning in order to generate strategic recommendations based on this analysis. Scope: In order to meet our brand objectives we will seek to understand Nescafà ©Ã¢â‚¬â„¢s brand equity, core brand values, and associations in the United States. We believe that analyzing parts of the global Nescafà © brand is pivotal to being able to comprehend the brand’sRead MoreSustainable Marketing Strategy For Nescafe Coffee Essay1970 Words   |  8 Pagesand Good Sense. Introduction: NESCAFÉ coffee has been a New Zealand favorite for more than two generations. NESCAFÉ, the world’s first soluble coffee, was originally developed in 1938 following a request from the Brazilian Government to make use of excess green coffee beans. Shortly after, small quantities of the new ‘instant coffee’ were imported into New Zealand, and throughout the years following, demand quickly grew. Demand continued to grow, and in 1965, NESCAFÉ Mild Blend was manufactured hereRead MoreNestle Market Research3328 Words   |  14 Pages Employees 9 2.2. External environment 10 2.2.1. Customers 10 2.2.2. Suppliers†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.11 2.1.3. Competitors 12 3. Inputs and Outputs 13 3.1. Inputs 13 3.2. Outputs 14 3.3. Research for production of Nescafe-Nestlà © in Vietnam 15 4. Manufacturing process 16 5. Markting strategy in Vietnam ans Aia 18 III. REFERENCES 20 IV. APPENDICES†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...22 Introduction In this research work the company chosen is Nestlà ©. We haveRead MoreSegmentation, Targeting And Positioning Drawing Upon Views Of Various Scholars2069 Words   |  9 Pagespowdered and liquid beverage segment accounted for 21.3% of their trading operating profit (Euromonitor 2016). Therefore, this paper will focus on this segment of the Nestlà © Group. Nestlà © has many products within this particular segment including Nescafà ©, Nespresso, Coffee Mate, Milo, Nesquik and Nestea (Nestlà ©.com). Competitors of Nestlà © in this segment include Starbucks, Unilever and KraftHeinz (Euromonitor 2016). Assessment of organisation segmentation, positioning and targeting 40% - approachesRead MoreNestle Maketing Plan1637 Words   |  7 Pagesproducts such that the company makes profits in the long run, at the same time taking care of â€Å"social, economic, and environmental† sectors (Mission and Vision, n.d.). Product description Nestle produces a wide range of beverages and food including baby foods, cereals, dairy products, frozen food, coffee, ice cream, drinks, and bottled water; some of its famous brands include Maggi, Gerber, Nescafe, Nestle Pure Life, Milo, and Lean Cuisine (Brands, n.d.). Competitors Nestlà ©Ã¢â‚¬â„¢s major competitorsRead MoreNescafe Group Assignment2665 Words   |  11 Pagesï » ¿ Nescafe Instant Coffee Brand Table of Contents Executive Summary 1 1 Introduction 2 2 4P analysis 3 2.1 Product strategies 3 2.2 Place strategies 4 2.3 Pricing strategy 6 2.4 Promotion Strategy 8 2.4.1 Nescafe 8 2.4.2 Moccona vs Robert Timm 9 3 Recommendations 11 3.1 Improve Market Share Strategies 11 3.2 Competitive advantage 12 4 Conclusion 14 Reference List 15 Executive Summary This report provides the marketing techniques of Australia instant coffeeRead MoreMarket Segmentation, Targeting And Positioning Essay2205 Words   |  9 Pagespowdered and liquid beverage segment accounted for 21.3% of their trading operating profit in 2015 (Euromonitor 2016). Therefore, this paper will focus on this segment of the Nestlà © S.A.. Nestlà © has many products within this particular segment including Nescafà ©, Nespresso, Coffee Mate, Milo, Nesquik and Nestea (Nestlà ©.com). Competitors of Nestlà © in this segment include Starbucks, Unilever and KraftHeinz (Euromonitor 2016). The company’s overall strategy involves organic growth instead of acquisition.

Rape Law Reform in England and Wales - Free Essay Example

Sample details Pages: 18 Words: 5483 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? 1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. Don’t waste time! Our writers will create an original "Rape Law Reform in England and Wales" essay for you Create order It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion of marital rape and male rape in 1994[3]. However, these piecemeal changes resulted in very confusing laws, to the extent that many different Acts had to be accessed in order to decipher where the law stood on any given matter. The Home Office acknowledged that this had led to a patchwork quilt of provisions (Home Office, 2000, pg. iii). The previous law was also plagued by anomalies, inappropriate language[4] and discrimination, some of which may have been construed as violating human rights legislation. Starting with a pledge by the newly elected 1997 Labour government to help victims of sexual offences obtain justice, a detailed and lengthy review process was initiated in 1999 (the Sexual Offences Review). This was followed by a Sexual Offences Bill and then, finally, the arrival of the Sexual Offences Act 2003, which came into force in May 2004. This article outlines the criticisms feminists have previously made about rape law in England and Wales and describes and evaluates as far as possible the new legislation as it relates to rape. 2. The attrition problem The criticisms feminist academics and activists have highlighted in terms of rape law in England and Wales are similar to those described in other countries with adversarial legal systems. These include: the difficulties in proving non-consent; cross-examination; rape myths; the use of sexual history evidence in court; and the 1976 ruling in Morgan[5] that an mistaken but honest belief in consent should lead to an acquittal even if this belief in consent is not a reasonable one. The incredibly high attrition rate for rape cases has been a major concern underpinning many of these criticisms and acted as a strong push factor towards the strengthening of the law on sexual offences. Quite simply, most rape victims who report the offence to the police will never even see their case reach court, never mind see the perpetrator convicted for rape. Many studies have documented the high attrition rate and how it has increased over time. While more and more men are being reported to the police for rape, the proportion that are convicted for rape has been steadily falling since records began (Smith, 1989; Chambers and Miller, 1983; Lees and Gregory, 1993; Harris and Grace, 1999; HMCPSI and HMIC, 2002; Lea, Lanvers and Shaw, 2003). These studies show that the ratio of rape convictions to reported rapes has steadily fallen from one in three in 1977 to one in 20 in 2002 (Kelly, 2004). Comparative analysis has found that the high rape attrition rate is not confined to England and Wales but is echoed to different extents across Europe (Kelly and Regan, 2001). Bearing in mind that most rapes are not even reported to the police[6], this of only one in twenty is particularly concerning and has been the basis of much campaigning by activist groups. Moreover, Kelly (2002) warns that attrition may actually be even higher than research has fo und because such studies do not take into account rapes that are reported to but not recorded by the police, or any convictions that are overturned on appeal. New research has found that around one in ten convicted rapists later have their convictions overturned or sentence reduced on appeal (Cook, 2004). 3. The reform process The Sex Offences Review began in 1999 and aimed to achieve protection, fairness and justice within the Home Offices overall aim of creating a safe, just and tolerant society (Home Office, 2000b)[7]. The reviews terms of reference were: To review the sex offences in the common and statute law of England and Wales, and make recommendations that will: provide coherent and clear sex offences which protect individuals, especially children and the more vulnerable, from abuse and exploitation; enable abusers to be appropriately punished; and be fair and non-discriminatory in accordance with the ECHR and Human Rights Act. This third point is likely to have been an important factor in why the Government felt the pressing need for legislative reform; in October 2000 the Human Rights Act 1998 came into force and thereby incorporated the rights guaranteed by the European Convention of Human Rights (ECHR) into the domestic law of England and Wales. Although the Human Rights Act 1998 did not actually give citizens any new rights it gave judges the power to make a statement of incompatibility if a piece of legislation failed to respect an individuals human rights. Moreover, the European Court of Human Rights has in the past held states accountable for violations of human rights where they failed to enact appropriate rape legislation[8]. An internal steering group and external reference group were set up as part of the review; the latter including established feminist academics[9], representatives from feminist organizations working with victims of rape[10] and feminists campaigning for rape law reform[11]. Intentionally or unintentionally, the review was therefore guided by a strong feminist influence. Two lengthy documents were then produced, consisting of literature reviews, reports from consultation seminars and recommendations (Home Office 2000a, 2000b) and from this review, the white paper Protecting the Public was published (Home Office, 2002) setting out the Governments proposals. In the foreword by Home Secretary David Blunkett, he described the existing law on sexual offences using words such as archaic, incoherent and discriminatory. The Sexual Offences Bill was introduced in January 2003 into the House of Lords, where some amendments were made. The Bill was passed to the House of Commons in June 2003 where it was reviewed by a Home Affairs Committee. In July 2003 this review was published, along with oral and written evidence submitted as part of an inquiry into specific sections of the Bill (House of Commons Home Affairs Committee, 2003). The Sexual Offences Bill was given Royal Assent on the 20th November 2003 and became the Sexual Offences Act 2003 with effect from May 2004. This replaced the Sexual Offences Act 1956 and its various amendments. It is widely acknowledged that the new Act represents the largest overhaul of sexual offences in over a century (Editorial, Criminal Law Review, 2003). 4. The Sexual Offences Act 2004 In order to secure a conviction for rape it is necessary to prove beyond reasonable doubt not only that the defendant committed an act that meets the legal definition of rape but also that the defendant knew that the victim was not consenting. These are known as the actus reus (the guilty act) and the mens rea (the guilty mind, or criminal intent). These two aspects of rape are now described in turn in terms of the reforms that have taken place. 4.1 The actus reus (guilty act) The actus reus of rape within the Sexual Offences Act 1956 was simply defined as unlawful sexual intercourse with a woman, which was amended in 1976[12] to unlawful sexual intercourse with a woman without her consent. The 1990s saw two major changes relating to the actus reus of rape. In 1991, after over 100 years of feminist campaigning rape within marriage became illegal within the common law system and this was placed into statute in the Criminal Justice and Public Order Act 1994 when the word unlawful was removed from the definition. It had previously been judged in common law that married women had no capability or authority to not consent: The sexual communication between them is by virtue of the irrevocable privilege conferred once for all on the husband at the time of the marriage (R v Clarence, 1888). But the husband cannot be guilty of rape committed by himself upon his lawful wife, for their matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract. (Sir Matthew Hale, 1736 History of the Pleas of the Crown) The criminalisation of marital rape was controversial within legal circles. This is because when it was criminalized in 1991 it was seen as being criminalized by judge-made law rather than the elected government. The case in question was R v R[13] where it was alleged a husband had attempted to have sexual intercourse with his estranged wife without her consent and physically assaulted her by squeezing her neck with both hands. In this case the issue was not whether he had attempted to force his wife to have sexual intercourse without her consent, but rather whether this fell under the legal definition of unlawful sexual intercourse. Relying upon Hales now infamous statement (cited above) the defence argued that because the acts were against his wife this could not be classed as unlawful. In considering this defence, Mr Justice Owen argued that Hales statement could not longer be seen as valid because it was a statement made in general terms at a time when marriage was indissolvable. However, this dismissal of Hale appeared to relate more to the fact that there was physical force used in the attempted rape than the lack of consent per se: I am asked to accept that there is a presumption or an implied consent by the wife to sexual intercourse with her husband; with that, I do not find it difficult to agree. However, I find it hard to believe that it was ever the common law that a husband was in effect entitled to beat his wife into submission to sexual intercourse If it was, it is a very sad commentary on the law and a very sad commentary on the judges in whose breasts the law is said to reside. However, I will nevertheless accept that there is such an implicit consent as to sexual intercourse which requires my consideration as to whether this accused may be convicted for rape. Mr Justice Owen ruled that the act could be classed as attempted rape and sentenced the defendant to three years imprisonment. The defendant appealed, arguing that Mr Justice Owen had been wrong to rule that rape within marriage was against the law when the marriage had not been revoked. The appeal was dismissed unanimously at the Court of Appeal[14], where Lord Lane dismissed Sir Matthew Hales statement as being a statement of the common law at that epoch, where the common law rule no longer remotely represents what is the true position of a wife in present-day society. The Court of Appeal concluded: We take the view that the time has now arrived when the law should declare a rapist a rapist subject to the criminal law, irrespective of his relationship with his victim. This judgement was later upheld on appeal to the House of Lords[15] and at the European Court of Human Rights[16]. The second of the two previously mentioned changes was also made within the 1994 Act when it was acknowledged that a man could be a victim of rape and the actus reus of rape was amended to cover vaginal or anal intercourse against a woman or another man without their consent. Although other parts of the Sexual Offences Act 1956 were revised between 1995 and 2003, the actus reus of rape retained its definition as in the Criminal Justice and Public Order Act 1994 until the new definition in the Sexual Offences Act 2003. The Sexual Offences Act 2003 defines the actus reus of rape as penile penetration of the vagina, anus or mouth of another person without their consent. Therefore, in terms of its actus reus, rape has slowly changed over nearly half a century from unlawful sexual intercourse with a woman to penile penetration of the vagina, anus or mouth of another person without their consent. The widening of the actus reus to include penile penetration of the mouth is based on arguments made in the Sexual Offences Review that other forms of penetration (for example: penile penetration of the mouth, or vaginal or anal penetration with an object or another part of the body) should be treated just as seriously as penile penetration of the vagina or anus. It was decided that rape should be extended to include penile penetration of the mouth, on the basis that forced oral sex is as horrible, as demeaning and as traumatising as other forms of penile penetration (Home Office, 2000a, pg. 15)[17]. This mean s that it remains a gender-specific offence with regard to the perpetrator (i.e. the act requires a penis) but a gender-neutral offence with regard to the victim. A new offence of assault by penetration was introduced to cover penetration by objects other than a penis, as with rape carrying the maximum sentence of life imprisonment[18]. The second part of the actus reus relates to a lack of consent. There are generally three lines of defence used in rape cases; that intercourse never took place, that it took place but not by the accused or that it took place but that the victim consented to it or that the accused believed that the victim consented to it (Baird, 1999). Baird (1999) highlights that there are very few rape cases that are whodunnits, and the defence that sexual intercourse never took place is also rare. These defences are likely to have become even less common since developments in DNA testing (Lees, 1996). The issue of consent is therefore what many rape defence arguments focus on, and one of the aims of the review of sexual offences was to clarify the law on consent'[19]. The root of the consent problem lies with the requirement of the prosecution to prove the absence of consent (rather than requiring the defence to prove that they had taken steps to ascertain consent), and in many ways this problem is unique to rape cases. If, for example, a person reported that their car had been stolen it would not be necessary to prove that it had been taken without their consent. Similarly, if an individual were physically assaulted, for example punched in the face, they would rarely be asked if they agreed to be punched in the face. A further problem in rape cases is that the only direct witness is likely to be the rape victim, which means that cases often come down to one persons word against the other. If the defendant says that the victim consented and the victim says she did not consent then it is difficult to validate either persons statement of the act[20]. Because of the nature of sexual offending it is unlikely there would be a third party available to d irectly corroborate either statement. The Sexual Offences (Amendment) Act 1976 was the first to use the term consent in statute previously it had been force that was named as the relevant factor. However, consent had been an issue within common law since 1845 in Camplin in which the woman was drugged with alcohol and it was ruled that, although no force had been used, it was clear that the act was against the womans will and that she could not have consented to it. Since then, there have been other cases where consent is automatically deemed to be absent[21], which Temkin (2000) refers to as the category approach. The case of Olugboja[22] in 1981 however, appears to have changed the standards needed to show non-consent. In this case it was ruled that consent was a state of mind and that the jury should be directed to make up their own minds as to whether consent was present based on the victims state of mind at the time of the rape. This appears to overturn the legal standards that had been developed using the category approach. However, this is unclear and Temkin (2000) described the situation as having a threefold uncertainty. The first element of uncertainty was because there was no statutory definition of consent. Secondly, the Olugboja decision individualised cases regarding consent hence moved away from the idea of a legal standard of non-consent. Finally, there was uncertainty regarding whether or not Olugboja had replaced the previous common law category approach. The Sexual Offences Act 2003 addressed these uncertainties by defining consent as a person consents if he agrees by choice, and has the freedom and capacity to make that choice (section 74) and by returning to the category approach by listing the categories in statute. However, the 2003 Act differentiates between six categories where consent is presumed to be absent, unless there is sufficient evidence to the contrary to raise an issue that the defendant reasonably believed that the victim consented, and two categories where consent is conclusively presumed to be absent. This means that the issue of consent still, to some extent, relies upon the mental state of the defendant, even in cases such as where the victim was asleep, experiencing violence from the defendant, or unlawfully detained[23], although the burden of proof is reversed in these situations with the defendant required to demonstrate the steps he took to ascertain consent. 4.2 The mens rea (guilty mind) This second part of the offence of rape the mens rea is based on the premise that an individual should not be punished for an act that they did not know they were committing at the time of the act. Although the actus reus and the mens rea are components of all crimes, the mens rea only becomes relevant when the conduct in question contains some level of ambiguity. The need to prove both the actus reus and the mens rea is applicable to other crimes besides rape. The most regularly used example is the crime of trespass; it is against the law to trespass onto anothers property, but a person cannot be convicted if they did not know they were trespassing (i.e. if private property was not clearly marked). Whether or not a person intended to commit a crime is probably more central in rape cases than for other criminal offences when it comes to proving the guilty mind. Previously, if a man committed the actus reus of rape the guilty act, but he honestly believed that the woman was consenting regardless of how unreasonable that belief was, he can not be convicted of rape because the mens rea[24] the guilty mind was not present. This was known formally as the mistaken belief clause and informally as the rapists charter (Temkin, 1987) because it meant that a woman could be actively non-consenting, even shouting no and struggling to free herself, and a man could still be acquitted of rape. It is a defence that is very difficult, if not impossible, to disprove because the defence relies upon what was going on the defendants mind. The mistaken belief clause was first introduced in Morgan[25] in 1976 when a husband colluded in the raping of his wife by three of his friends. He allegedly told his friends that his wife would struggle and say no, as though she did not want to have intercourse with them, but that this turned her on because she was kinky. The accused men claimed that they honestly believed she was enjoying it and consenting and that they did not intend to rape her in other words they never had a guilty mind. Although in the Morgan case the men were convicted, and the husband convicted of aiding and abetting, this case set a new precedent. The House of Lords ruled that if a man honestly believed that a woman consented, regardless of how unreasonable this belief was, he could not be found guilty of rape. Feminist activist groups campaigned for many years that the mistaken belief defence should be based on some test of reasonableness or that the mistaken belief clause should be abolished altogether. These are issues that have been widely debated throughout the common-law world. In Australia this issue divided rape law reform campaigners into two groups; the subjectivists who argued that the Morgan ruling should be upheld i.e. if a man honestly believes that a woman consents to sexual intercourse regardless of how unreasonable that belief is he should not be found guilty of rape, and the objectivists, who argue that the belief should be reasonable (Gans, 1997). In Victoria, Australia, the argument against the amendment or abolishment of the mistaken belief defence was based upon data from an empirical study commissioned by the Law Reform Commission of Victoria. This research found that in an examination of 51 rape trials the mistaken belief defence was used in 23 per cent of cases. Fu rthermore, it was found that acquittals were actually less likely in these cases (Law Reform Commission of Victoria, 1991a, 1991b). They concluded that although the adoption of objectivism would have some effect on the outcomes in rape trials, this impact would be very slight (Law Reform Commission of Victoria, 1991b). This opinion did not meet with universal agreement, and Gans (1997) argues that the methodology, and hence the findings, of this part of the research was fundamentally flawed, invalid and misleading. He criticises the research for not taking into account pre-trial decisions on attrition, and argues they should have included all reported rape cases when publicising the conviction rate rather than just those cases that got to court. Gans also argues the Victorian research ignored the role of the honest belief within juror decision making and had vague coding categories around consent and honest belief. He suggests that, by re-coding the data, at least 74 per cent rather than 23 per cent of the trials actually had at least some element of the mistaken belief defence and warns that while successful law reform should be based upon empirical research, caution should also be exercised. In England and Wales no empirical research has ever addressed this subject, and it is therefore impossible to know the scale of the problem here[26]. In the Sexual Offences Review there was much debate about the mistaken belief defence, but no clear agreement was reached as to what should be recommended. Around a third of the respondents to the rape and sexual assault section of the Review argued that Morgan should be changed so that a belief must be both honest and reasonable (Home Office, 2000a). Alongside these responses, a postcard campaign to Jack Straw (then the Home Secretary) was organised by the feminist activist group Campaign to End Rape, which called for a total dismissal of the Morgan ruling. The debate within the review was not whether Morgan should be changed per se (the Home Office rape seminar and the Reviews External Reference group agreed that it should be changed), but rather how it should be changed, and what, if anything should replace it. After much debate, the Sexual Offences Act 2003 defined the mens rea of rape as if A does not reasonably believe that B consents (section 1c). Whether or not the belief is classed as reasonable is determined after regarding all the circumstances, including any steps A may have taken to ascertain whether B consents. It is too early to consider what impact this may have had, and the lack of any baseline s makes evaluation difficult unless this were to be conducted retrospectively or using interviews with lawyers. 5. Conclusions The reformed rape law, as of May 2004 can thereby be summarised as if A intentionally penetrates the vagina, anus or mouth of B with his penis, and if B does not consent to the penetration and A does not reasonably believe that B consents (paraphrased from section 1 of the Sexual Offences Act 2003). Although there were piecemeal reforms made between 1956 and 2003, none of these had any impact on the continued decrease in the conviction rate. It is too soon to know how the 2003 Act will be interpreted and what, if any, impact it will have. Although consent has now been defined in statute, this does not solve many of the issues relating to consent. It remains a problem that the law equates passivity or non-resistance with consent (Henning, 1997), especially when there is no evidence of physical violence or if the victim had consented in the past (Harris and Weiss, 1995). The re-wording of the mens rea so that the belief in consent must be reasonable is a significant step forwards, however it is too early to know how reasonable will be interpreted in case law (i.e. reasonable to who? under what circumstances?). There was some scepticism relating to what impact the Sexual Offences Act 2003 would have even during the consultation stages. In 2001, for example, Rumney warned that the review might lead to another false dawn (pg. 890) because of its sole focus on the black letter law. In other words, it is unlikely that men will decide not to rape simply because the laws have been slightly strengthened. Similarly, the high attrition rate is not solely related to how rape is defined in law, so the impact here may also be marginal. Goldberg-Ambrose (1992) suggests that law reform should focus on the trial process, particularly on how rules of evidence and the ways in which rape cases are constructed relate to social perceptions of gender, coercion and sexuality. This suggests that it may be necessary to look further than the black letter law towards the trial process in an attempt to explain why the problems around the prosecution of rape persist. Although campaigning for rape law reform is importa nt it may not be enough. This has been acknowledged by feminists for some time; for example, in 1984 Jeffreys and Radford argued that reforms can only ever be effectively implemented alongside a transformation of mens attitudes. In its most simple terms, it is likely that laws are easier to change than prejudiced attitudes (Gaines, 1997). Although there remain many issues relating to the prosecution of rape defendants, few feminists in England and Wales will deny that the reformed rape law represents a huge step forwards. The same can be said for the other sexual offence laws that were reformed and with regard to the new offences that the legislation created. Decades of previously dismissed feminist campaigning have now come to fruition and the new legislation tempts told you so type comments in some places. The major achievements of the legislation can be held as being: the retention of rape as a gendered offence in terms of its perpetration; the need for an honest belief in consent to also be reasonable; and a complete revision of what it means to truly consent. However, it is highly unlikely that a new law alone will see an end to the problems women who are raped face within the criminal justice system and it is important that monitoring of the new Act begins and is made publicly available as soon as possible. References Baird, V. (1999) Changes to section 2 of Sexual Offences Act 1976, Medicine, Science and the Law, 39 (3), 198-208. Chambers, G. and Miller, A. (1983) Investigating Rape, Edinburgh: HMSO Cook, K. (2004) Rape Appeal Study: Summary Findings, available at www.truthaboutrape.co.uk Gans, J. (1997) Rape Trial Studies: Handle with Care, The Australian and New Zealand Journal of Criminology, 30, 26-35. Hale, M. (1736, published in 1971) The History of the Pleas of the Crown, London: Professional Books. Harris, J. and Grace, S. (1999) A question of evidence? Investigating and prosecuting rape in the 1990s, London: Home Office. Harris, L.R. and Weiss, D.J. (1995) Judgements of Consent in Simulated Rape Cases, Journal of Social Behaviour and Personality, 10 (1), 79-90. Henning, T. (1997) Consent in sexual assault cases: the continuing construction, Violence Against Women, 3, 4-10. HMCPSI and HMIC (2002) A Report on the Joint Inspection into the Investigation and Prosecution of Cases involving Allegations of Rape, London: HMCPSI and HMIC. Home Office Review of Sex Offences (2000a) Setting the Boundaries: Reforming the law on sex offences (Volume 1), London: Home Office Communication Directorate. Home Office Review of Sex Offences (2000b) Setting the Boundaries: Reforming the law on sex offences (Volume 2), London: Home Office Communication Directorate. Jeffreys, S., and Radford, J. (1984) Contributory negligence or being a woman? The car rapist case, in P. Scraton and P. Gordon (eds) Causes for Concern, London: Penguin books. Kelly, L. (2002) A research review on the reporting, investigation and prosecution of rape cases, London: HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary. Kelly, L. (2004) Legal Reform, Sexual Autonomy and the Justice Gap: Sexual Offences Law in the 21st Century, paper presented at the European Rape Congress, Brussels, 1st 2nd April 2004. Kelly, L. and Regan, L. (2001) Rape: The Forgotten Issue? A European research and networking project, University of North London: Child and Woman Abuse Studies Unit. Law Reform Commission of Victoria (1991a) Rape: Reform of Law and Procedure: Appendixes to Interim Report No 42, Melbourne: LRCV. Law Reform Commission of Victoria (1991b) Rape: Reform of Law and Procedure, Report No 43, Melbourne: LRCV. Lea, S.J., Lanvers, U. and Shaw, S. (2003) Attrition in rape cases; developing a profile and identifying relevant factors, British Journal of Criminology, 43, 583-599. Lees, S. (1996) Carnal Knowledge Rape on Trial (1st edition), London: Hamish Hamilton. Lees, S. and Gregory, J. (1993) Rape and Sexual Assault: A Study of Attrition, London: Islington Council. Rumney, P.N.S. (2001) The Review of Sex Offences and Rape Law Reform: Another False Dawn? Modern Law Review, 64 (6), 890-910. Smith, L.J.F. (1989) Concerns About Rape, Home Office Research Study No. 106, London: HMSO. Temkin, J. (1987) Rape and the Legal Process, London: Routledge and Kegan Paul. Temkin, J. (2000) Literature Review: Rape and Sexual Assault, in Setting the Boundaries, London: Home Office www.bristol.ac.uk/sps [1] Nicole Westmarland is a Research Associate in the area of gender and violence at the University of Bristol, UK and a PhD candidate at the University of York, UK. Her activism work includes Tyneside Rape Crisis Centre and the Truth About Rape Campaign. [2] Sexual Offences Act 1956 [3] Criminal Justice and Public Order Act 1994 [4] For example the use of the term defective for individuals with learning disabilities. [5] Morgan v DPP [1976] AC 182 [6] Research on non-reporting in England and Wales vary depending on who is conducting the research and when the research was conducted. Recent governmental research found that two in ten women who have been raped reported the incident to the police (Myhill and Allen, 2002). However, dated non-governmental research suggested this may be even lower at one in ten women (Painter, 1991). [7] This is part of an overall Labour strategy to put support victims of crime and bring more criminals to justice. (c.f. Justice for All; Speaking up for Justice; the Criminal Justice Act 2003, and plans for a new Victims and Witnesses Bill in the future) [8] In X and Y v The Netherlands in 1985 the Netherlands was held to have violated the rights of a mentally handicapped 16 year old girl because of a loophole in the law which meant that she was not able to make a rape complaint. In M.C. v Bulgaria in 2003 Bulgaria was held to have violated the rights of a girl because she could not prove non-consent because the legal definition of non-consent required force to be used and she was not physically restrained during the rapes. [9] Including Professor Jennifer Temkin and Professor Liz Kelly [10] Rape Crisis Federation [11] Campaign to End Rape [12] Sexual Offences Amendment Act 1976 [13] R v R [1991] 1 All England Law Reports, 747 [14] R v R [1991] 2 All English Law Reports 257 [15] R v R [1991] 4 All England Law Reports 481 [16] CR and SW v UK [17] Previously, penile penetration of the mouth was classed as indecent assault, which covered a wide range of sexual offences against both adults and children with a maximum penalty of ten years imprisonment, compared to the maximum penalty of life for rape or attempted rape. [18] If rape had been extended to include penetration by objects other than the penis then women could technically commit rape and this may have raised issues under the Human Rights Act 1998 (Temkin, 2000a). [19] This was the title of Chapter Two in the Protecting the Public white paper. [20] Until 1995 Judges were required to give the corroboration warning in their summing up by warning the jury that it is unsafe to convict a man of rape purely on the womans uncorroborated evidence. Sexual offences were one of only two trials in which this warning was deemed necessary (the other being child witnesses). [21] In brief, where force, threats, or the fear of force was evident, if the victim was asleep or intoxicated, where fraud is involved, including the impersonation of the victims husband. [22] [1981] 3 All ER 443. [23] These are examples of the categories where non-consent is only presumed. [24] When theorising around sexual difference, criminology and the law in 1980, Cousins sarcastically suggested that the term mens rea might be a more appropriate term to use. [25] [1976] AC 182 [26] i.e. what proportion of acquittals rely upon the mistaken belief in consent defence