Could rape trials ditch juries in bid to raise conviction rate?

THE prospect of jury-less trials in rape cases has been floated by the Government’s official advisers for the first time.

A report by the Law Commission, published today, opens a debate on whether juries should be discarded in sex offence trials, with rulings instead made by a judge or a judicial panel.

The ground-breaking consultation paper set out the suggestion as part of a series of ‘radical proposals’ to improve the rape conviction rate.

In a further move, the paper asks whether defence barristers should be barred from cross- examining alleged rape victims in court. Instead, the alleged victim could be asked questions by an independent lawyer or an ‘expert in communication’, the commission suggested.

The report sets out a number of moves to combat so-called ‘rape myths’ which may be influencing juries to acquit defendants.

The ‘myths’ include that all rape victims resist their attacker, when in fact ‘many freeze through fear or shock’, or that victims suffer physical injuries or will be visibly distressed when describing the attack. Other misconceptions include that most rapes are committed by strangers and that all victims immediately go to the police, it added.

In a traditional trial, lawyers ‘might be encouraged to play to the jury or support stereotypes’, the report said. ‘To deal with this, juries could be removed for sexual offences cases.

‘Instead, a judge, a panel of judges, or a judge with some lay assessors (non-judges) could hear cases,’ it said.

However, the study also set out reasons for retaining juries. ‘Removing juries might have an impact on public confidence in the justice system,’ it warned.

The move could ‘send a signal that juries can’t be trusted in other cases’, and abandoning jury trials could ‘affect openness’.

Today’s study suggested that barring defence barristers from questioning victims could help prevent victims being ‘retraumatised’ in court. ‘They could be asked questions by an expert in communication, or by a different, independent lawyer. However… this might be too much interference with the defendant’s ability to ask the complainant questions about their case.’

Other firm proposals in the report include introducing an ‘enhanced threshold’ for introducing evidence about an alleged victim’s previous sexual behaviour. They should also have an ‘automatic’ right to give evidence behind closed doors, it added.

Professor Penney Lewis, the criminal law commissioner, said: ‘The way that the criminal justice system handles rape and serious sexual offences still leaves prosecutions at risk from the impact of pervasive rape myths, and can often cause distress and trauma.’

The Law Commission consultation runs until September 29.