NCJ Number
183653
Journal
Journal of Law and Society Volume: 27 Issue: 2 Dated: June 2000 Pages: 219-248
Date Published
June 2000
Length
30 pages
Annotation
This article discusses the findings of a qualitative study (part of a larger study of rape and criminal justice) that involved in-depth interviews with a sample of 10 experienced British barristers who between them had prosecuted and defended in hundreds of rape trials; the interviews focused on the barristers' perceptions of the problems involved in prosecuting rape and the strategies used in defending rape defendants.
Abstract
Barristers described the difficulties involved in taking the witness through her evidence. Most were concerned about delays in bringing cases to trial, with this being a particular problem in rape cases. Prosecutors were concerned about limiting their contact with alleged rape victims prior to trial. Most of the barristers felt that it is difficult to gain a conviction in acquaintance rape cases unless there is strong medical evidence of injury. Delay in reporting the offense was also mentioned as a handicap for the prosecution. There was much criticism of the quality of medical evidence, with doctors' written statements viewed as insufficiently detailed. The character and appearance of the complainant was viewed by the barristers as having an inevitable impact on juries. Convictions were viewed as particularly difficult to achieve in cases where the complainant had a previous sexual relationship with the accused. The barristers believed that in an increasing number of cases inexperienced barristers were selected to prosecute rape cases. Regarding the actions of the defense in rape cases, the interviews focused on the use of female barristers and harassment of the complainant in court by defense counsel. Topics discussed regarding how to improve the system included the abolition of in-court television coverage for rape cases, the use of screens to protect complainant's identity and appearance, legal representation for victims, and training. Implications of study findings are discussed. 93 notes