‘Keep the public out of rape trial courtrooms’
Northern Ireland review follows rugby rape trial
THE public should be excluded from the courtroom when serious sex trials are taking place as part of a radical overhaul in Northern Ireland, an independent report has found.
Retired judge John Gillen led an independent review following the acquittal of two Irish rugby internationals of rape charges in Belfast earlier this year.
The public is already excluded in the Republic of Ireland, New Zealand and Australia.
Judge Gillen’s report also recommends harsher punishment for people who report the name of a complainant online.
It follows the arrest of a man in Belfast for sharing online the identity of the woman at the centre of the Belfast trial.
The report urged strong judicial powers to control access to websites during trials and the creation of new offences for jurors who offend against judicial guidance.
Judge Gillen published a preliminary report yesterday with more than 220 recommendations – including restricting rape and sexual assault trials to the media and close family members of the parties involved.
‘Confidence-building measures for complainants who fear the cruel glare of public exposure, particularly in high-profile trials in front of packed public galleries, are now vital,’ he said.
‘If we are to challenge the gross under-reporting, high dropout rates and an unacceptably daunting trial process, I con sider the arguments in favour of restricted access measures carry convincing weight,’ he wrote. Just one in six tell police of their ordeal, the report found. Prerecording of cross-examination could take place in a non-courtroom setting, the report said.
A judge would consider whether certain questions could be asked of an accused before- hand, so that the accuser does not have to relive details. Public funding would enable personal legal representation for the complainant in cases where she or he may be asked about sexual history or face intrusive scrutiny of personal life.
The judge said measures should be introduced at the onset of the trial to combat rape myths which may influence a jury, like what type of clothing a complainant was wearing or whether they struggled or not during an alleged attack.
The judge’s report also called for education in school to combat myths surrounding sexual crime. The judge said steps should be taken to combat excessive delay in the justice system, which can make the process more onerous.
Most proposed recommendations do not require legislation but a minority would, including those surrounding social media.
The devolved administration at Stormont has not sat since early last year following a row between the DUP and Sinn Féin – making the passing of legislation more difficult.
Means of tackling under-reporting