Did you know that the rules in rape courts are different in Ireland? Unlike in the rest of the UK, judges aren't obliged to inform jurors in cases of sexual violence about the dangers of believing rape myths.
This needs to change, according to an Irish expert on sexual offences. Dr Susan Leahy (author of Sexual Offending in Ireland: Laws, Procedures and Punishments) has said that Irish judges should receive guidance on how to warn juries about prejudicial stereotypes and myths - for example, any woman flashing so much as an ankle bone must be 'asking for it', or the idea that if you're not a virgin you're clearly up for anything.
She's quoted in the Irish Times as saying: “When they’re in the courtroom with the wigs and gowns, jurors can get distracted from the issue of consent with issues like ‘didn’t she behave foolishly’ or ‘God should she really have drunk that much.’”
Instructions from a judge could “bring the jury back to reality. Before they go into the jury room, the judge can drag them back into reality and remind them it’s not their job to determine if someone was foolish. It’s their job to determine if there was consent or not.” Right on, sister.
The rest of the UK does give judges exactly this sort of guidance (albeit on a non-statutory basis) in the Crown Court Compendium.
Obvs I think it's really important that jurors have an understanding of how defence lawyers might try to spin things, and are able to leave their own prejudices at the door before deciding on the outcome of a rape trial.
And yet, the sad thing is, that conviction rates are so appalling in the UK already (42% of the rape prosecutions that actually made it to court were unsuccessful in 2016/17 in England and Wales) that even if Irish rules do change, it won't necessarily make much odds. Currently, one in 14 reported rapes in England and Wales results in a conviction, while in Ireland it's one in 15.
I think either way, the more we can do to spread the word that consent is actually a pretty bloody straightforward thing, the better.
A shake up in the way many people perceive consent is clearly needed - an Irish survey found that 11% of respondents felt that being drunk or on drugs justified non-consensual sex; while 9% believed that wearing sexy clothes did the same. I mean - COME ON GUYS. What century are you living in here?
Ireland has had a tough time of things in terms of justice for rape victims recently, after the horrifying case of rugby players Paddy Jackson and Stuart Olding, who were acquitted of rape in March, resulting in country-wide protests.
Meanwhile reported rapes in the country rose by a whopping 28% in 2017.
But it's not all bad news. The Irish rape trial system is undergoing a reformation this summer, led by Minister for Justice Charlie Flanagan, examining whether survivors might be entitled to legal aid, whether they could pre-tape video evidence, and other changes that could make the process easier and less intimidating.
Here's hoping that one good thing comes out of the Jackson and Olding case.
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