Irish Daily Mail

‘Keep the public out of rape trial courtrooms’

Northern Ireland review follows rugby rape trial

- By Michael McHugh news@dailymail.ie

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

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