Why would any woman put herself through this?
IT’S possible to believe the evidence of the complainant in the Belfast rape trial while at the same time understand why the jury decided not to convict the four men who were on trial of any of the charges against them.
Which, in a nutshell, sums up how difficult it is secure a rape conviction, to balance the rights of the person who believes she has been assaulted with those of the man or men who say that the sexual behaviour in which they engaged was consensual rather than forced.
The high-profile nature of this trial has been extraordinary and it may have made things even worse for her, as her identity has become known to many in Northern Ireland and beyond, even though these trials are supposed to protect the anonymity of the complainant.
Worse again, judging by the comments I received on social media yesterday, there are those who will now denigrate her morals, on the basis of the not-guilty findings. They will also claim she was a liar in her evidence and will damn her for making a complaint, ignoring the fact that the PSNI and Public Prosecution Service in the North took her seriously enough – and had what they thought was enough evidence – to press criminal charges.
Of course, there were two diametrically opposed sides to the social media commentary yesterday – as there were on many days during the trial.
Just as many rushed to condemn her yesterday, others expressed outrage at the decision of the jury to acquit the four defendants. They could not believe that the jury would decide as it did.
That reaction is entirely understandable on an emotional level, if not a legal one.
Many of us were shocked and deeply upset by the descriptions of the behaviour of the four men on trial, not just their physical treatment of the woman as alleged (and that applies as much to what they said happened as it does to her version of events) but the firm proof of the vile, boastful written messages they shared about their night.
Those of us who are parents would not want our sons to behave like this. We would not want our daughters to be subjected to, at the very least, such wanton disrespect.
We may never know what the members of the jury thought of the defendants. It is entirely possible, however, that they found some or all of the men to be odious and obnoxious, and were appalled by the horrible messages the men shared about their sexual behaviour.
Can anyone excuse the messages – that can’t be denied – that the men sent to each other?
‘We are all top shaggers,’ boasted Stuart Olding, before adding ‘there was a bit of spit roasting going on last night lads’. To which Paddy Jackson replied ‘there was a lot of spit last night’.
Their friend Blane McIlroy sent a text to a friend boasting that he ‘pumped a bird with Jacko on Monday, roasted her, then another on Tuesday night.’
It was not proof in itself of rape or sexual assault, of course, but it told us a lot about the lack of good character of these men. But that wasn’t the issue on trial.
The verdicts yesterday did not come as too much of a surprise.
This trial has exposed the weaknesses of the adversarial legal system we employ. The woman making the claim was put through a lot on the witness stand, over a lengthy period of time.
The defence barristers, doing their jobs as is allowed and required by the law, put her through the wringer.
We learned a lot about Irish society and behaviour in this trial. The role that alcohol played was frightening. The casualness into which sexual activity was entered into was striking. The subsequent boasting was sleazy. The lack of self-awareness deeply dispiriting.
The position of the Irish Rugby Football Union and Ulster Rugby will now come under the microscope.
The statement issued yesterday – maintaining that the players will remain relieved of all duties until further review is conducted – was welcome. But a very difficult situation now looms.
Jackson and Olding have not been convicted and, as such, are most likely to argue that they have the legal right to return to their jobs.
But while many will likely welcome them back with open arms, others will not want to cheer them onto the pitch, at either the Kingspan or Aviva stadiums, either in the white of Ulster or green of Ireland. Commercial considerations will come into play, especially with sponsors and the possibility that supporters may withdraw from teams they represent.
That may be secondary, however. In the wake of this high-profile, there may be more serious consequences.
Women may be discouraged from reporting what they believe to be rape or sexual assault for fear that they too could end up like this woman. What woman would put herself through this?