single judge trials are nothing new. data from 2019 to 2020 shows 84% of all criminal trials were tried under what s called summary procedure with verdicts reached without a jury. summary proceedings are dealt with by a sheriff or a justice of the peace. they re used in criminal cases for less serious crimes things like minor theft and minor drink driving offences similar to what happens in magistrates courts in england and wales. but now as part of the victims, witnesses and justice reform bill, scotland is piloting juryless trials in rape and sex offence cases. and some lawyers are against the idea. it s nothing short of an attempt to increase conviction rates in rape trials and in attempted rape trials. and we see that as an absolute miscarriage ofjustice, and attempt to change the legal
It is now well recognised that victims of sexual offences may recount events differently at different times and to different audiences and that variations, gaps or ‘inconsistencies’ are not necessarily indicative of lying or unreliability. Incorporating this knowledge into the criminal trial now forms part of the wider reform agenda in a number of jurisdictions, including via recommended jury directions. This is now expressly reflected in provisions like s 54D of the Jury Directions Act 2015 (Vic) – introduced in 2017 – which provides for an educative direction on how the jury should (and should not) consider differences in the complainant's account. Drawing on rare access to sexual offence trial transcripts, this article reports on the findings of an analysis of 33 rape trials finalised in the County Court of Victoria between 2013 and 2020. We found that complainants were still regularly cross-examined, and the quality of their evidence challenged, on the basis of differe
One of the oldest myths to confound the achievement of justice for victims of sexual violence is that ‘genuine’ rape victims complain immediately, loudly and officially. Dismantling this myth or at least banishing it from the court room has been a high priority of the modern era of rape/sexual assault law reform. How successful has this attempt been? This article reports on the initial findings of a transcript analysis study of more than 30 rape trials finalised in the County Court of Victoria between 2013 and 2020. We discuss the multiple variations on ‘delay’ that continue to feature prominently in the cross-examination of complainants in rape trials. We also examine the operation of s 52 of the Jury Directions Act 2015 (Vic) which provides for a mandatory direction if, at any point during the trial, the judge considers that there is evidence suggestive of delay. Ostensibly one of the strongest corrective mechanisms currently operating in sexual offence trials in Australia, w