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Rape trial change to help victims Rape trial change to help victims
(about 2 hours later)
Juries in rape trials are to be given information about the way an attack can affect a victim's behaviour - in an attempt to increase conviction rates.Juries in rape trials are to be given information about the way an attack can affect a victim's behaviour - in an attempt to increase conviction rates.
Only 5.7% of reported rapes in England and Wales currently end in conviction.Only 5.7% of reported rapes in England and Wales currently end in conviction.
One common problem is a victim is doubted when a jury cannot understand why she did not attempt to escape the attack or took some time to report it.One common problem is a victim is doubted when a jury cannot understand why she did not attempt to escape the attack or took some time to report it.
The move to explain such reactions is among measures expected to be announced later by Solicitor General Vera Baird. The move to explain such reactions is among measures announced by Solicitor General Vera Baird QC.
Rape victims are sometimes not believed because they do not respond to an attack in the way juries expect. To tackle jurors' scepticism, the government wants them to be told it is normal for people not to scream or go straight to the police afterwards - and it does not mean they are lying.
To tackle this, jurors will be told it is normal for people not to scream or go straight to the police afterwards - and it does not mean they are lying.
Bringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling Sally O'Neill, Criminal Bar Association chairBringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling Sally O'Neill, Criminal Bar Association chair
Ms Baird said evidence admissibility rules are to be changed to enable victim statements to be shown to a jury regardless of how long after the attack the complaint to police was made.
"We think it's part of one of the myths about rape that it's such a traumatic thing that you will come out and complain about it straight away," Ms Baird said. "It can take a long time to get up and talk about something so intimate and undermining."
Historically, a complaint about a rape made quickly have been admitted in court, but complaints made "further away" have not been admissible in the court, she said.
BBC home affairs correspondent Danny Shaw said there had been a "long, long process of consultation" over plans to inform jury members of psychological reactions to forms of abuse.BBC home affairs correspondent Danny Shaw said there had been a "long, long process of consultation" over plans to inform jury members of psychological reactions to forms of abuse.
The next step was for a group of judges, doctors and academics to determine over the next few months exactly what information should be given in rape trials and how it can be delivered. The next step was for a group of judges, doctors and academics to determine exactly what information should be given in rape trials and how it can be delivered.
Options considered include providing an information sheet for jurors or giving them information delivered in person by an expert or by a judge during his or her directions. Options considered include providing an information sheet for jurors or giving them information delivered in person by a judge.
Our correspondent said the government has already ruled out using expert witnesses.
'Enlightenment''Enlightenment'
Jennifer Temkin, professor of law at Sussex University, said there were so many misconceptions about rape, it would be an improvement to bring "a bit of knowledge and enlightenment" to the courtroom.Jennifer Temkin, professor of law at Sussex University, said there were so many misconceptions about rape, it would be an improvement to bring "a bit of knowledge and enlightenment" to the courtroom.
"We have to do something to make clear some of these myths about rape are simply not true," she told BBC Radio4's Today programme."We have to do something to make clear some of these myths about rape are simply not true," she told BBC Radio4's Today programme.
Sally O'Neill, chair of the Criminal Bar Association, said in some cases it was better for the judge to deal with any misconceptions by directing the jury. Sally O'Neill, chair of the Criminal Bar Association, said in some cases it was better for the judge to deal with any misconceptions by directing the jury rather than with fact sheets.
"Bringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling," she said."Bringing in another level of evidence for them to deal with seems to be unhelpful and potentially muddling," she said.
Another measure, which has already been approved, will enable prosecutors to use a victim's videotaped police statement or interview as their main evidence at the trial. Another measure, which has already been approved, will enable prosecutors to use a victim's videotaped police statement or interview as their main evidence at the trial in order to spare them the ordeal of court appearances.
It means victims will spend less time in court having to relive their ordeal.
'Too drunk''Too drunk'
In eight out of 10 rape cases, victim and suspect are known to each other.In eight out of 10 rape cases, victim and suspect are known to each other.
It is thought that about 80% of rapes are never reported, and about a third of those reported are not recorded by the police.It is thought that about 80% of rapes are never reported, and about a third of those reported are not recorded by the police.
One victim, who did not want to be identified, was attacked a year ago but her case never made it to court.One victim, who did not want to be identified, was attacked a year ago but her case never made it to court.
They seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out Rape victimThey seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out Rape victim
She says the fact she had been drinking made it hard for the police to accept her allegations. She says the fact she had been drinking and had blacked out made it hard for the police to accept her allegations and one officer implied that she had consented to sex.
"From the very beginning I... almost had to defend myself and the fact that I had been drinking.
"They seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out.""They seemed to have a hard time believing I couldn't remember everything that was happening, even though I was blacking out."
She said that after the police found her attacker and questioned him, a policewoman told her "Frankly I don't think you were raped at all. I think that you know you had too much to drink".She said that after the police found her attacker and questioned him, a policewoman told her "Frankly I don't think you were raped at all. I think that you know you had too much to drink".
"Basically, she'd implied that I'd consented," she added.
Two weeks ago Conservative leader David Cameron called for tougher sentences for rapists, saying too many men "think they can get away with it".Two weeks ago Conservative leader David Cameron called for tougher sentences for rapists, saying too many men "think they can get away with it".


What do you think about these reforms? Will this new information help or hinder the juries' decision? Please contact us if any of the issues in this story affect you.What do you think about these reforms? Will this new information help or hinder the juries' decision? Please contact us if any of the issues in this story affect you.
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