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The practicalities of English and Welsh rape trials: Observations and avenues for improvement

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posted on 2023-08-30, 14:40 authored by Olivia Smith
English and Welsh rape trials have long been recognised as problematic, with research highlighting the prevalence of rape myths (Temkin & Krahé, 2008), sexual history evidence (Smith, 2014), and manipulative questioning at trial (Smith & Skinner, 2012). Despite this extensive literature, little attention has been paid to the more practical elements of rape trials, but the limited evidence that does exist suggests these may significantly impact survivors (Payne, 2009). This article therefore draws upon 13 months of court observations to examine how seemingly mundane aspects of rape trials can present substantial barriers to participation. It will argue that ‘special measures’ can cause delays, some witness facilities are inadequate, and that the public gallery is frequently a site of intimidation. Ultimately, the research highlights simple changes that could increase opportunities for survivor justice; for example ensuring rape survivors use judicial entrances to court.

History

Refereed

  • Yes

Volume

18

Issue number

3

Page range

332-348

Publication title

Criminology and Criminal Justice

ISSN

1748-8966

Publisher

SAGE

File version

  • Accepted version

Language

  • eng

Legacy posted date

2017-02-27

Legacy creation date

2017-02-24

Legacy Faculty/School/Department

ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)

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