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Anglia Ruskin University researchers recommend new sexual violence courts

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Anglia Ruskin University researchers have part written a report proposing dedicated sexual violence courts are set up.

The researchers, along with those from the University of Bath, propose a widespread overhaul of the current provisions in place for rape victims to radically change how the legal system in England and Wales responds to such cases.

This includes new sexual violence courts which would provide alternative entrances for vulnerable and intimidated witnesses.

Co-author Dr Tina Skinner, of the University of Bath, said: "Although the difficulties with rape trials are complex, establishing a specialist court which uses best practice is key to improving responses to victims and witnesses.

"Having specialised legal professionals who are aware of the key research in this area can go a long way to challenging misunderstandings about rape. It would also help address misunderstandings about legal rules and court practice, which are all too often a barrier to using the helpful policies already in place."

The report, otherwise known as the latest University of Bath Institute for Policy Research (IPR) Policy Brief, also suggests routinely emptying the public gallery when witnesses enter or exit the court.

The authors also raise serious questions over how common misconceptions about rape persist in the courtroom and how these are being used by defence barristers to mislead a jury and advance their case.

This might include raising questions about a witness' credibility based on so called 'irrational actions', such as delayed reporting of an assault, or the fact that victims may not have physically resisted an assault.

Other studies have shown how both these 'irrational actions' are very common and indeed very normal among victims.

Lead author Dr Olivia Smith, Lecturer in Criminology at Anglia Ruskin University, said: "From many studies we know that certain actions such as delayed reporting of rape or not resisting an attack, are widely misunderstood as suspicious despite being common among rape victims.

"Yet, in spite of greater awareness in the Bar, we found that defence barristers are still drawing heavily on misconceptions about rape to appeal to a jury and advance their case."

The new IPR policy brief is based on research conducted by observing adult rape and sexual assault trials at a large English crown court.

The observations took place over a 10-month period in 2012, after a 3-month pilot study in 2010.

The findings were discussed with barristers and victim support workers.

Anglia Ruskin University researchers recommend new sexual violence courts


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