Rape on Trial
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.
20 episodios
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