court procedures

The courtroom experience has been called the second assault, do you agree, and why?

Yes, it can be the first time since the women has been raped and reported the incident to the police that she actually relives the full horror of the incident. She may have to face the rapist in the courtroom and may face hostile questioning of a very personal and intimidate nature in a very public setting. It is possible that she will feel disempowered and experience the trial as another attack.

What is the woman's role in the court?

The woman's role is as a witness for the prosecution and as such she is not represented by legal counsel.

Is she represented in court?

Not at present. In Ireland, representation of the woman has just started. If they can do it we can do it, as the legal systems are very similar.

What sort of questions is the woman likely to be asked?

There have been a lot of bad examples in the past. Although the court process is still not easy for women there have been improvements and we are constantly working to improve things for women.

Examples of the kind of question asked in the past and which we hope have been outlawed by S41 of Youth Justice and Criminal Evidence Act:

• Have you ever had sex in a car before? (If she was raped in a car)
• Have you ever had a one night stand/ sex on the first date? (If the man has raped her eg on the way home from a club)
• Have you ever had sex with a black man before? (If he is black and she is white)

How are women treated in court?

As witnesses for the prosecution. They are not represented in court.

What new measures are there to protect women in court?

Section 41 of the Youth Justice and Criminal Evidence Act is supposed to protect the complainant from questions about their sexual history sexual behaviour.

Are accused men allowed to question the complainant in court?

No. In November 1996, the then Home Secretary Michael Howard announced his intention to abolish the right of a defendant in a rape case to represent himself. This was in reaction to the case of Rallston Edwards who cross-examined Julia Mason for six days (Daily Telegraph, 23 August 1996). Her ordeal had been made worse by the fact that Edwards wore the same clothes in court as he had worn when he raped her.

Michael Howard's announcement may have indicated the government's intention to accept a more woman-centred definition of violence by recognising the harm done to the woman in court. However, it took a change of government and another three years before legislation was introduced to prevent defendants in rape cases cross-examining the raped woman. This 'right' was taken away under the Youth Justice & Criminal Evidence Act 1999 after prolonged campaigning by groups such as www.campaigntoendrape.co.uk