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

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posted on 2019-09-06, 09:27 authored by Olivia SmithOlivia Smith
English and Welsh rape trials have long been recognized as problematic, with research highlighting the prevalence of rape myths, sexual history evidence and manipulative questioning at trial. 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. 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

School

  • Social Sciences

Department

  • Communication, Media, Social and Policy Studies

Published in

Criminology & Criminal Justice

Volume

18

Issue

3

Pages

332 - 348

Publisher

SAGE Publications

Version

  • AM (Accepted Manuscript)

Rights holder

© The Author

Publisher statement

Olivia Smith, The practicalities of English and Welsh rape trials: Observations and avenues for improvement, Criminology & Criminal Justice (18, 3) pp. 332-348. Copyright © 2017 (The Author). DOI: 10.1177/1748895817702508. Users who receive access to an article through a repository are reminded that the article is protected by copyright. Users may download and save a local copy of an article accessed in an institutional repository for the user's personal reference.

Publication date

2017-04-02

Copyright date

2017

ISSN

1748-8958

eISSN

1748-8966

Language

  • en

Depositor

Dr Olivia Smith

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