21. Lionel's Trial part 2

21. Lionel's Trial part 2

We're back in court for the second part of Lionel's trial on two counts of sexual assault of a child under 13. This episode sees the remainder of the prosecution's case and the beginning of the defence case as Lionel takes the stand to testify in his own defence. Key topics and issues discussed in the episode: the importance of the ABE video interview; memory refreshing in the witness box under s139 of the Criminal Justice Act 2003; powers of arrest under s24 of the Police and Criminal Evidence Act 1984 and PACE Code G; voluntary interviews with police; the defendant's good character; half-time submission of no case to answer and the second limb of the Galbraith test; cross-admissibility and bad character provisions in the Criminal Justice Act 2003; judge directed acquittals. Rape on Trial is a fly-on-the-wall style documentary podcast giving listeners a unique and detailed look at the real-life workings of the criminal process, criminal law, and criminal proceedings in England & Wales. Episodes present a series of in-depth case-studies drawing on case files and trial proceedings, so we can see for ourselves how the criminal justice system actually works in cases of rape and serious sexual offences, and how it doesn't. The question running throughout the series is, are outcomes in rape and serious sexual offences better explained by 'rape myths' or evidence and proof? Put together with the general listener firmly in mind, Rape on Trial is a must listen for those with a keen interest in the criminal process, as well as those practicing or studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice and criminology, and associated disciplines like forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial common law legal system, the podcast is also an invaluable resource for international students of Legal English, the Language of Law, and comparative law and process. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Legal English in the Courtroom Legal English in the Crown Court The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 [https://amzn.to/49oVqG2] This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

20. Lionel's Trial part 1

Rape on Trial is a fly-on-the-wall style documentary podcast giving listeners a unique and detailed insight into the real-life workings of the criminal process, criminal law, and proceedings. Through a series of in-depth case-studies drawing on case files and trial proceedings, we see for ourselves how the criminal justice system actually works in cases of rape and serious sexual offences, and how it doesn't. This episode sees the opening of the prosecution's case in the trial of Lionel who stands accused of two counts of sexual assault perpetrated against a complainant who was a child both at the time the incidents are alleged to have taken place, and when the case gets to court. Key topics and procedural elements covered: prosecuting counsel's opening speech; the use of special measures in court; Achieving Best Evidence or ABE video interviewing by police; the limits of bad character evidence and conduct for which the defendant has not been charged; judicial introductions, witness coaching, and R v Momodou & Limani [2005] 1 WLR 3442, [2005] EWCA Crim 177; cross-examination of a child witness in a sexual offences trial. Although put together with the general listener firmly in mind, Rape on Trial is a must listen for those practicing or studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology, as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial common law legal system, the podcast is also an invaluable resource for international students of Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 [https://amzn.to/49oVqG2] This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

19. Kevin's Trial part 3

Rape on Trial is a fly-on-wall documentary-style podcast for listeners interested in the real-life workings of the criminal process, criminal law and proceedings. Through a series of in-depth case-studies drawing on case files and trial proceedings, we can see for ourselves how the criminal justice system works in rape and serious sex offence cases, and how it doesn't. In this episode, we watch the final stages of Kevin's 'not a rape' rape trial. Key topics and procedural elements covered: the defendant's evidence-in-chief and cross-examination; judge's directions; closing speeches from the prosecution and defence; addressing a client's previous convictions in closing; summary of the evidence and final directions; jury question; verdict; detailed discussion of what constitutes a verdict, how many jurors must agree to return a verdict, what 'guilty' and 'not guilty' mean, and how judge's deal with juries seeking clarification on the meaning of 'sure' or 'beyond reasonable doubt'. Although put together with the general listener firmly in mind, Rape on Trial a must listen for those practicing or studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 [https://amzn.to/49oVqG2] This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

18. Kevin's Trial part 2

Rape on Trial is a fly-on-wall documentary-style podcast for listeners interested in the real-life workings of the criminal process, criminal law and proceedings. Through a series of in-depth case-studies drawing on case files and trial proceedings, we can see for ourselves how the criminal justice system works in rape and serious sex offence cases, and how it doesn't. This episode sees us back in court for the second part of Kevin's trial. Kevin stands accused of indecent assault on a male, Paul, who was a child at the material time. We're here not only to watch proceedings but to ask whether cases involving male complainants and/or child complainants are 'different', like the mainstream rape research and commentary tells us they are. And, if they are, whether they nevertheless shed valuable light on criminal proceedings in rape and serious sex offences. Key topics and procedural elements covered in this episode: cross-examination of the complainant; adducing (agreed) evidence of previous consistent statements and first/recent complaint under s120 Criminal Justice Act 2003; inconsistencies in the complainant's evidence arising from same. Although put together with the general listener firmly in mind, Rape on Trial a must listen for those practicing or studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 [https://amzn.to/49oVqG2] This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

17. Kevin's Trial part 1

Rape on Trial is a fly-on-wall documentary-style podcast for listeners interested in the real-life workings of the criminal process, criminal law and proceedings. Through a series of in-depth case-studies drawing on case files and trial proceedings, we can see for ourselves how the criminal justice system works in rape and serious sex offence cases, and how it doesn't. Another Crown Court somewhere in England & Wales. Another rape trial. But one that isn't, technically, a rape trial. And one that the mainstream research tends to avoid on the basis that cases like this are "different". Why? Because this is a male rape case: male defendant; male complainant, and, moreover, a male complainant who, while an adult when the case is reported, investigated, and tried, was a child at the material time. A case of one person's word against another's then, but one of 'he said, he said' rather than 'he said, she said'. And a case where consent and gendered rape myths and stereotypes won't/can't muddy the waters for the jury. All the more reason to watch, then, surely? Key topics and procedural elements covered: agreed admission of evidence of defendant's bad character; opening directions; the prosecution opening speech; historic offences and charging under the law in force at the time (no retrospective law); constraints on the decision to prosecute (the two-stage Full Code Test for Prosecution in the Code for Crown Prosecutors); special measures; complainant's ABE video as evidence-in-chief; a bad character application (that's really a sexual behaviour evidence application) abandoned by the defence. Although put together with the general listener firmly in mind, Rape on Trial a must listen for those practicing or studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 [https://amzn.to/49oVqG2] This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.