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20th Nov 2018

Public shouldn’t be allowed to attend rape trials, finds Northern Ireland inquiry

Jade Hayden

Members of the public shouldn’t be allowed to attend rape trials, a Northern Ireland inquiry has found.

The review, led by retired judge Sir John Gillen, found that court rooms should not be open to just anybody where rape cases are heard.

Better public education around victim blaming and the restricted use of social media where a victim could be named were also included in the report.

Sky News reports that Gillen proposed 220 suggestions to improve criminal court proceedings relating to rape and sexual assault offences in Northern Ireland.

The judge found that the current measures in place are deterring victims from coming forward.

He said:

“Confidence-building measures for complainants who fear the cruel glare of public exposure, particularly in high-profile trials in front of packed public galleries, are now vital.

“If we are to challenge the gross under reporting, high dropout rates and an unacceptably daunting trial process, I consider the arguments in favour of restricted access measures carry convincing weight.”

This comes after the high profile case earlier this year that saw rugby players Paddy Jackson and Stuart Olding acquitted of raping a young woman.

Gillen said that the trial was “the most difficult (…) that any jury in Northern Ireland has ever been asked to adjudicate on.”

The review suggested that early cross-examination could take place in a “non-courtroom setting” and that the victim and the accused should never be forced to meet during the trial.

“We need some radical rethinking of societal attitudes to sexual abuse in the wake of public campaigns,” he said.

The Northern Ireland review comes just a few weeks after a young woman’s underwear was used in a rape case in the Republic of Ireland.

The alleged victim’s “thong with lace front” was presented in the courtroom as the jury were asked to “look at the way she was dressed.”

The accused man was later found not guilty of raping the then 17-year-old.

Members of the public are already excluded from attending rape trials in Ireland.