Rape complainants told pre-recorded evidence could reduce chance of conviction

Rape complainants have been warned that using video evidence could harm the chance of seeing their alleged attacker convicted.

New research has found there is a 20% reduction in conviction rates if the complainant requests “special measures” in court. Introduced in 2016, the measures allow witnesses to be cross-examined and interviewed away from the attacker.

While initially used for cases considered under the Youth Justice and Criminal Evidence Act, they were expanded to include all adult cases in 2021. Other types of special measures include screens in court, and barristers changing from gowns and wigs to suits or formal attire.

A new study has found there are 10% fewer convictions in trials employing special measures. For rape, convictions were 20% lower, reports the BBC.

Prof Cheryl Thomas KC, at UCL Faculty of Laws, said Section 28 “may need reform”. She said: “It would be prudent for police and the Crown Prosecution Service to routinely advise witnesses of lower conviction rates.”

This is because of “such a strong and consistent correlation between the use of Section 28 evidence and lower jury conviction rates”.

John Riley, from the Criminal Bar Association, says the absense of a witness in both parts of evidence can impact how a jury sees a case. He said: “The complainant’s police interview serves as an investigative tool and their evidence in chief.

“The quality of this interview can be very varied. Sometimes, the complainant is some distance from cameras.

“The defendant is always in person before the jury. The absence of a witness in person in both parts of the complainant’s evidence can have a negative impact on the jury.”

Complainants who request special measures can, in theory, change and give in-person evidence but the defence would have to agree. Riley added: “They may argue the complainant is unfairly getting two bites of the cherry, being cross-examined twice with a better knowledge of the line of questioning by that point

“Special measures cannot be a panacea for all the deficiencies in the system, namely the backlog. There needs to be a review.”

The Government told the BBC it would review the study but says “pre-recorded evidence supports those extremely vulnerable victims who may otherwise feel unable to have their voices heard to see justice done”.

SOURCE

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