Is it time we ditched juries in rape trials?

“They can only decide the cases put to them, and this research shows that if rape complainants can put their evidence to a jury, they have a good likelihood of securing a conviction.”

What are the proposed benefits of rape trials without juries?

As well as highlighting the potential pitfalls of no-jury rape trials, Lady Dorrian’s review notes that the measure could improve the justice system for complainants by avoiding juror bias, making the process less confrontational, and making the court procedure less expensive and time-consuming.

Danielle Vincent, a lawyer in the sex abuse team at Hugh James Solicitors, tells GLAMOUR, “Any change to the trial process which not only increases potential conviction rates but also reports of sexual abuse/assaults to the police must be considered a positive move,” adding, “The focus of any criminal trial must be of course a fair trial but one that also protects the victim from further damage in the form of psychological injury through the trial process.”

Dr Charlotte Proudman, a barrister renowned for her feminist advocacy, told GLAMOUR, “If judges hear rape trials instead of jurors, it could increase convictions. However, it is important that judges are trained in rape myths, stereotypes, memory and trauma.

“If we look at family court or civil courts, judges determine rape allegations rather than jurors. Lessons can be learned from other jurisdictions, and it is certainly worth exploring given that we live in a context where rape has almost become de-criminalised.”

Lucia Osbourne-Crowley, a legal reporter who has also written extensively about her experience of sexual violence, agrees, noting, “It’s important for our law reform bodies take a close look at the possibility of removing juries from rape trials as part of a sweeping, necessary reform to how the criminal justice system deals with rape.”

She adds, “This is a complex legal issue that requires careful consideration, but we do know, for example, that rape convictions are too often undermined by what are known as “rape myths” held by many jurors.”

Aside from piloting no-jury rape trials, Osbourne-Crowley notes that rape myths continue to stifle successful convictions. “I think we need to do a lot more to understand and combat rape myths held in society,” she explains.

“Whether we continue with jury trials or pilot bench trials for rape if a significant proportion of the population holds these beliefs, we will always risk these rape myths undermining fair convictions.”

For more information about reporting and recovering from rape and sexual abuse, you can contact Rape Crisis on  0808 500 2222.

If you have been sexually assaulted, you can find your nearest Sexual Assault Referral Centre here. You can also find support at your local GP, and voluntary organisations such as Rape Crisis, Women’s Aid, and Victim Support, and you can report it to the police (if you choose) here.

For more from Glamour UK’s Lucy Morgan, follow her on Instagram @lucyalexxandra.