VIDEO: Should Jersey follow UK rape trial reforms?

Tuesday 25 April 2017

A Jersey charity is backing calls for alleged rape victims to be allowed to give pre-recorded video evidence in court, to make the process less traumatic.

Elizabeth Truss, Lord Chancellor and Secretary of State for Justice, announced that from September alleged rape victims in England and Wales would be able to provide evidence in a pre-recorded cross examination, to be played to the jury once a trial begins.

Sara McIntosh, Chairperson of Jersey Action Against Rape, said: “Any measures which help make the process more comfortable and ultimately more accessible for survivors would be welcomed by JAAR.”

Ms Truss said the changes to rape trials would prevent victims facing the trauma of confronting their attackers without reducing the right to a fair trial.

She told the Sunday Times: “There is more we can do to help alleged victims in these cases give the best possible evidence they can give in an environment that is much more suitable than open court. We’ve been trialling this for children in cases of sex abuses.”

“What this has led to is a much higher level of early guilty pleas. That has a huge amount of benefit. It resolves the case much earlier for the victim. It reduces the level of trauma for the victim. I want to see that being the standard offer in those cases and that will give more victims the confidence to come forward.” 

She said the changes would mean judges can limit the length of cross-examination to avoid victims having to testify for days on end and would also allow them to cut out any inappropriate cross-examination of a victim’s sexual history before it could be aired before a jury.

Speaking about the reforms being taken in the UK, Sara McIntosh added: “Giving evidence is daunting enough for survivors without the prospect of having to face the perpetrator whilst recounting what they did to you.”

When asked if the JAAR would campaign to see similar measures introduced in Jersey, Ms McIntosh said: “No, we won't but I do know that there is a very positive and forward thinking approach now here in Jersey and I am sure the law makers will be doing all they can to support survivors.”

Whilst the Police said there are "no plans to bring these UK reforms to Jersey at the current time," some level of reform could be on the horizon as a spokesperson for the Jersey Home Affairs office commented: "The Criminal Procedure Law is in the process of being revised. This will introduce the provision for “special measures” for witnesses and victims."