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Guidance on rape trials welcomed Guidance on rape trials welcomed
(20 minutes later)
Judges are entitled to tell juries that women could have delayed reporting rape because they felt "guilt or shame", the Court of Appeal has ruled.Judges are entitled to tell juries that women could have delayed reporting rape because they felt "guilt or shame", the Court of Appeal has ruled.
During many rape cases, defence lawyers cite delays in reporting the offence as evidence the victim cannot be trusted.During many rape cases, defence lawyers cite delays in reporting the offence as evidence the victim cannot be trusted.
But the court ruled it was sufficiently acknowledged the trauma of rape could cause feelings of shame to justify judges giving appropriate direction.But the court ruled it was sufficiently acknowledged the trauma of rape could cause feelings of shame to justify judges giving appropriate direction.
The government's solicitor general, Vera Baird QC, welcomed the ruling.The government's solicitor general, Vera Baird QC, welcomed the ruling.
The judgement arose out of an unsuccessful appeal by John Doody, 43, who was given an indefinite sentence at Wolverhampton Crown Court in June last year for six counts of rape.The judgement arose out of an unsuccessful appeal by John Doody, 43, who was given an indefinite sentence at Wolverhampton Crown Court in June last year for six counts of rape.
His lawyers had argued at a hearing in London in August that the trial judge should not have explained to the jury why a victim could delay making a rape complaint.His lawyers had argued at a hearing in London in August that the trial judge should not have explained to the jury why a victim could delay making a rape complaint.
However, the Court of Appeal judgement states: "The judge is entitled to make comments as to the way evidence is to be approached, particularly in areas where there is a danger of a jury coming to an unjustified conclusion without an appropriate warning.However, the Court of Appeal judgement states: "The judge is entitled to make comments as to the way evidence is to be approached, particularly in areas where there is a danger of a jury coming to an unjustified conclusion without an appropriate warning.
It is a rape myth that a victim of sexual assault will always scream for help as soon as she is able Vera Baird QCIt is a rape myth that a victim of sexual assault will always scream for help as soon as she is able Vera Baird QC
"The fact that the trauma of rape can cause feelings of shame and guilt which might inhibit a woman from making a complaint about rape is sufficiently well known to justify a comment to that effect.""The fact that the trauma of rape can cause feelings of shame and guilt which might inhibit a woman from making a complaint about rape is sufficiently well known to justify a comment to that effect."
This judgement will now give judges guidance on how to direct juries, where the issue of delay is raised by the defence, in all rape cases.This judgement will now give judges guidance on how to direct juries, where the issue of delay is raised by the defence, in all rape cases.
Ms Baird said: "This is an important advance.Ms Baird said: "This is an important advance.
"It is a rape myth that a victim of sexual assault will always scream for help as soon as she is able and if she does not, she must have made the whole thing up."It is a rape myth that a victim of sexual assault will always scream for help as soon as she is able and if she does not, she must have made the whole thing up.
"Jurors who are new to these issues can - and frequently are - brought to what the Court of Appeal calls 'an unjustified conclusion' by this."Jurors who are new to these issues can - and frequently are - brought to what the Court of Appeal calls 'an unjustified conclusion' by this.
"This is likely to contribute to improved fairness in rape trials where the conviction rate is now increasing but is still unrealistically low.""This is likely to contribute to improved fairness in rape trials where the conviction rate is now increasing but is still unrealistically low."
'Great news'
Figures from the Attorney General's Office show 6.1% of reported rapes result in a conviction and that 34% of all rape cases prosecuted result in convictions.Figures from the Attorney General's Office show 6.1% of reported rapes result in a conviction and that 34% of all rape cases prosecuted result in convictions.
Dr Nicole Westmarland, chair of Rape Crisis UK, said the ruling was "great news".
"Time and again, women whose cases end up in court are unfairly criticised for not reporting rape straight away and it's used against them.
"There's already enough obstacles facing women as victims of rape and eliminating any of them is a cause for celebration."
A Victim Support spokesman said the decision helped to recognise "the exceptional and serious emotional difficulties that rape and sexual assault victims of both sexes face in dealing with the criminal justice system".