Diddy Trial: Ought to Juries Be Trusted In Rape & Sexual Abuse Trials?

The chairman of the Scottish Prison Bar Affiliation, Tony Lenehan KC, wrote that the measures had been “pushed by ideology fairly than proof,” describing them as “anti-democratic, short-termist and basically unjust.”

Moreover, a 2023 evaluation by College School London discovered that juries in England and Wales (the analysis did not take a look at the impression on Scottish juries) usually tend to convict than acquit a defendant as soon as a rape case reaches courtroom – and that this has been the case for at the very least 15 years.

Explaining the findings, Professor Thomas (UCL Legal guidelines), Director of the UCL Jury Venture, stated, “It’s clear that there are critical issues with how rape complaints are dealt with by police and the way lengthy instances take to achieve courtroom. However juries aren’t liable for this.

“They’ll solely determine the instances put to them, and this analysis reveals that if rape complainants can put their proof to a jury, they’ve an excellent probability of securing a conviction.”

What are the proposed advantages of rape trials with out juries?

In addition to highlighting the potential pitfalls of no-jury rape trials, Woman Dorrian’s evaluate notes that the measure may enhance the justice system for complainants by avoiding juror bias, making the method much less confrontational, and making the courtroom process cheaper and time-consuming.

Danielle Vincent, a lawyer within the intercourse abuse group at Hugh James Solicitors, tells Glamour, “Any change to the trial course of which not solely will increase potential conviction charges but additionally stories of sexual abuse/assaults to the police have to be thought of a constructive transfer,” including, “The main target of any legal trial have to be after all a good trial however one which additionally protects the sufferer from additional harm within the type of psychological damage by the trial course of.”

Dr Charlotte Proudman, a barrister famend for her feminist advocacy, instructed Glamour, “If judges hear rape trials as a substitute of jurors, it may improve convictions. Nevertheless, it will be important that judges are educated in rape myths, stereotypes, reminiscence and trauma.

“If we take a look at household courtroom or civil courts, judges decide rape allegations fairly than jurors. Classes will be realized from different jurisdictions, and it’s actually value exploring on condition that we stay in a context the place rape has virtually turn into de-criminalised.”

Lucia Osborne-Crowley, a authorized reporter who has additionally written extensively about her expertise of sexual violence, agrees, noting, “It is vital for our legislation reform our bodies take a detailed take a look at the potential of eradicating juries from rape trials as a part of a sweeping, vital reform to how the legal justice system offers with rape.”

She provides, “This can be a complicated authorized subject that requires cautious consideration, however we do know, for instance, that rape convictions are too usually undermined by what are often called “rape myths” held by many jurors.”

Other than piloting no-jury rape trials, Osborne-Crowley notes that rape myths proceed to stifle profitable convictions. “I believe we have to do much more to know and fight rape myths held in society,” she explains.

“Whether or not we proceed with jury trials or pilot bench trials for rape if a big proportion of the inhabitants holds these beliefs, we’ll at all times danger these rape myths undermining honest convictions.”

For extra details about reporting and recovering from rape and sexual abuse, you’ll be able to contact Rape Disaster on  0808 500 2222.

In case you have been sexually assaulted, you could find your nearest Sexual Assault Referral Centre right here. You may also discover help at your native GP, and voluntary organisations akin to Rape Disaster, Ladies’s Assist, and Sufferer Assist, and you may report it to the police (in the event you select) right here.

For extra from Glamour UK’s Lucy Morgan, comply with her on Instagram @lucyalexxandra.