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Call for expert witnesses to give evidence in rape trials

A report from The Office for Criminal Justice Reform published in Spring 2006 called for a change in the law so that expert witnesses could give evidence in rape trials.



There remains concern over the number of rape convictions made, which account for only 5 percent of all reported rapes. The idea behind this proposal for expert witness evidence was to increase these convictions and give greater protection to victims. It is felt that so few cases end in a sentence because currently, any 'admission, error, discrepancy, error, delay in reporting, unbecoming or puzzling behaviour that the victim may exhibit before, during or after the alleged rape, will be used by the defence as a basis for questioning that person in order to make him or her appear unreliable and untruthful”.



Perhaps if expert witnesses were to present evidence to the jury, there would be alternative explanations for these types of behaviour such as delaying or missing out information such as the common psychological reactions that occur after a traumatic incident or from being in an abusive relationship. It is hoped that expert evidence may go some way to dispelling certain myths and stereotypes about how a rape victim behaves. For example, why a victim would not leave an abusive relationship in cases where the rapist is a partner.



However, the government are now proposing that statements about rape and its impact be read to the jury instead to avoid 'over-psychologising' trials.

In addition, there are no plans for a new legal definition of consent where the alleged victim is drunk.



Several government departments are currently carrying out a rape law review, to be published within the next five weeks.



A spokeswoman from the Attorney General's Office said the idea of expert trauma witnesses had not been dismissed, it was just they would not appear in person.



"The rape consultation does examine the way in which rape juries can best be presented with expert evidence which in itself raises some complex issues," she said.



Dr Nicole Westmarland, chair of Rape Crisis (England and Wales) and lecturer in Criminal Justice at Durham University, said making juries more aware about the myriad of ways that people respond to rape was a "positive move".



"We were concerned that trials were going to get over-psychologised with the inclusion of additional expert witnesses and were also worried that trials would get even longer and turn into 'battles of the experts'," she added.

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