Independent separate legal representation for rape complainants in adversarial systems: lessons from Northern Ireland

In March 2018, Northern Ireland was divided by the acquittal of four men for rape, attempted rape, exposure, and perverting the court of justice in what became known as the ‘Belfast Rugby Trial’. The case resulted in considerable debate about the ill-treatment of rape complainants and prompted Gillen’s Review into the Laws and Procedures in Serious Sexual Offences. Gillen proposed the introduction of separate legal representation (SLR) to safeguard complainants’ sexual history and medical records pre-trial. Since the Review was published, however, scepticism about the applicability of complainant SLR within an adversarial context remains. We examine the arguments for and against SLR in adversarial systems, and propose a ‘Gillen-plus’ framework for SLR that would not interfere with the accused’s rights or public interest and could provide the basis for reform across other adversarial jurisdictions. We question whether Northern Ireland’s unique socio-political context strengthens or weakens the justifications for introducing SLR.