Louise Ellison
University of Leeds, Leeds Law School, Faculty Member
I t is now widely recognised that the process of giving evidence in criminal proceedings can prove a difficult and stressful ordeal for many witnesses. The plight of child witnesses,' complainants in rape cases" and adults with... more
I t is now widely recognised that the process of giving evidence in criminal proceedings can prove a difficult and stressful ordeal for many witnesses. The plight of child witnesses,' complainants in rape cases" and adults with learning difficulties have all been highlighted.' The Home Office recently published the report of an interdepartmental Working Group on the treatment of vulnerable and intimidated witnesses within the criminal justice system." The Working Group proposes a range of measures aimed at lessening the ordeal of vulnerable witnesses at each stage of the criminal justice process." The recommendations include measures aimed at reducing the trauma associated with a courtroom appearance. In seeking solutions, the Working Group has accepted the constraints of existing trial procedure. While recognising that many of the difficulties encountered by vulnerable witnesses stem directly from the adversarial trial process, the appropriateness of that process is not questioned by the Working Group. The
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The problem of on-line harassment has received considerable and, in many cases sensationalised, press coverage in recent years. These reports suggest that women who use the Internet instantly risk becoming the target of a cyberstalker and... more
The problem of on-line harassment has received considerable and, in many cases sensationalised, press coverage in recent years. These reports suggest that women who use the Internet instantly risk becoming the target of a cyberstalker and finding themselves the victim of a campaign of electronic abuse. Disturbing pronouncements as to the nature and impact of harassment on-line have become commonplace. Some commentators have gone as far as to state that on-line harassment is already killing free speech on the Internet, in particular the free speech of women. Women are engaging in self censorship, it is claimed, in order to avoid harassment and are, as a result, being further marginalised in cyberspace. In February 1999, the Vice President of the United States, Al Gore, called for a fight against cyberstalking stating that the Internet had inadvertently become a sinister new avenue for carrying out violence against women. This paper examines the phenomenon of cyberstalking and highlights the danger that largely exaggerated fears regarding on-line harassment may ultimately have serious and negative repercussions for privacy and freedom of speech on the Internet.
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Mental health inpatients are known to be at risk of criminal victimisation, but the experiences of this vulnerable victim population seldom receive mention in the victimological literature. Against this backdrop, this article explores to... more
Mental health inpatients are known to be at risk of criminal victimisation, but the experiences of this vulnerable victim population seldom receive mention in the victimological literature. Against this backdrop, this article explores to what extent and in what ways mental health inpatients report victimisation, and provides the first systematic analysis of what the existing evidence base tells us about the subsequent responses of mental health services and criminal justice agencies, particularly in England and Wales. Identified knowledge gaps are problematised as impediments to evaluation of both policy and practice in this context. An agenda for future research is additionally sketched out.
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This article reflects critically on the scope of educational jury directions currently utilised in sexual offence cases in England and Wales and argues for their extension to circumstances specifically arising in cases of so-called... more
This article reflects critically on the scope of educational jury directions currently utilised in sexual offence cases in England and Wales and argues for their extension to circumstances specifically arising in cases of so-called ‘domestic’ or intimate partner rape. This position is defended as a necessary step to promote more accurate credibility assessment of claims of sexual violence and the prospects of just trial outcomes for survivors in this subcategory of rape cases.
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The first edition of Rape and the Legal Process was published in 1987. In the intervening years, far-reaching reforms bearing directly or indirectly on the conduct of rape trials have been introduced, yet much that characterises the... more
The first edition of Rape and the Legal Process was published in 1987. In the intervening years, far-reaching reforms bearing directly or indirectly on the conduct of rape trials have been introduced, yet much that characterises the prosecution of rape allegations has remained depressingly unchanged. Both realities underscore the timeliness of a second edition. The book’s central aim, in Temkin’s own words, is ‘to examine the difficulties entailed in regulating rape and to assess how they might best be overcome’. The book is divided into six chapters, with Chapters 2 and 3 focusing on implemented and proposed changes to the substantive law of rape. The evidential and procedural matters addressed in Chapters 4 and 5 are the principal focus of this review.
Research Interests: Law and Political Science
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... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham. ac.uk. Next Section. Abstract. ... 1980; Hosch et al. 1980; Maass et al. 1985; Cutler et al. 1989; Penrod and Cutler 1989; Fox and Walters... more
... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham. ac.uk. Next Section. Abstract. ... 1980; Hosch et al. 1980; Maass et al. 1985; Cutler et al. 1989; Penrod and Cutler 1989; Fox and Walters 1986; Leippe 1995; Leippe et al. 2004). ...
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Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the... more
Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than...
Research Interests: Law and Political Science
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Recent research has highlighted significant failings in the criminal justice response to victims with psychosocial disabilities. This article reflects on these findings and considers the implications for equality of access to justice for... more
Recent research has highlighted significant failings in the criminal justice response to victims with psychosocial disabilities. This article reflects on these findings and considers the implications for equality of access to justice for this population.
Research Interests: Law and Criminal Law
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Research Interests: Law and Criminal Law
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Research Interests: Law and Modern Law
Research Interests: Law and Modern Law
ABSTRACT This article discusses the findings of a study in which volunteers observed one of nine mini rape trial reconstructions, and were asked to deliberate as a group towards a verdict. In a context in which research with ‘real’ jurors... more
ABSTRACT This article discusses the findings of a study in which volunteers observed one of nine mini rape trial reconstructions, and were asked to deliberate as a group towards a verdict. In a context in which research with ‘real’ jurors is prohibited, these deliberations were analysed to better understand what goes on behind the closed doors of the jury room in rape cases. While previous research has established that jurors are often influenced by extra-legal factors relating to the complainant's behaviour before an alleged attack, this study explored the impact of complainant conduct during and post-assault on assessments of her credibility. More specifically, it examined the effects of (1) lack of physical resistance; (2) delayed reporting; and (3) calm emotional demeanour.
Research Interests: Criminology and Law
ABSTRACT In 2006, the Government proposed allowing prosecutors in England and Wales to adduce ‘general’ expert witness testimony in rape cases. This initiative was based on two assumptions-first, that jurors currently lack an adequate... more
ABSTRACT In 2006, the Government proposed allowing prosecutors in England and Wales to adduce ‘general’ expert witness testimony in rape cases. This initiative was based on two assumptions-first, that jurors currently lack an adequate understanding of rape complainants’ post-assault behaviour (which, in turn, generates inappropriate inferences regarding credibility) and, second, that expert testimony offers a useful vehicle for addressing such juror ignorance. In a previous article, the authors reported on a mock jury study that provided empirical support for the first of these claims-at least in regard to a complainant's calm demeanour, delayed reporting or lack of physical resistance. In this article, the authors investigate whether educational guidance presented at trial-via expert testimony or an expansive judicial instruction-can have the intended beneficial impact of redressing popular misconceptions, thereby leading to a fairer assessment of complainant credibility in rape cases.
Research Interests: Criminology and Law
ABSTRACT This article discusses the findings of a study in which 160 volunteer members of the public observed one of four mini rape trial reconstructions and were asked to deliberate as a group towards a verdict. In a context in which... more
ABSTRACT This article discusses the findings of a study in which 160 volunteer members of the public observed one of four mini rape trial reconstructions and were asked to deliberate as a group towards a verdict. In a context in which research into the substantive content of the deliberations of real jurors is prohibited by the Contempt of Court Act 1981, these discussions were analysed to assess whether, and in what ways, perceptions of adult rape testimony are influenced by different modes of presentation. While lawyers and other observers have speculated about the possible undue effects of alternative trial arrangements on juror perceptions and the evaluation of evidence in rape trials, the issue has received scant empirical attention. In an effort to bridge this knowledge gap, this study investigated the influence upon mock jurors of three special measures currently made available in England and Wales to adult sexual offence complainants by the Youth Justice and Criminal Evidence Act 1999, namely (1) live-links; (2) video-recorded evidence-in-chief followed by live-link cross-examination and (3) protective screens. Following a careful and contextual exploration of the content of the mock juries' deliberations, the researchers conclude that there was no clear or consistent impact as a result of these divergent presentation modes, suggesting that concerns over the use of special measures by adult rape complainants (at least in terms of juror influence) may be overstated.
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ABSTRACT This article explores a series of 27 jury deliberations, undertaken by volunteer members of the public, following their observation of a mini-rape trial reconstruction. While research with ‘real’ jurors is prohibited in England... more
ABSTRACT This article explores a series of 27 jury deliberations, undertaken by volunteer members of the public, following their observation of a mini-rape trial reconstruction. While research with ‘real’ jurors is prohibited in England and Wales, previous social attitude and experimental studies have suggested that jurors in sexual assault trials may well be influenced by dubious stereotypes about rape, rapists and rape victims. In this article, the authors explore the relationship between these (mis)conceptions about rape and public expectations regarding socio-sexual conduct more broadly. The authors examine the scripts that were invoked, defended and relied upon by mock jurors in order to distinguish ‘normal’ (hetero)sexual seduction from rape. More specifically, this article explores participants’ expectations (both descriptive and normative) in relation to the communication of consent, the role of male initiative, and the location, timing of and parties to sexual intercourse, as well as the relevance of the use of physical force, the fact of the parties’ drunkenness or the nature of their respective post-coital conduct.
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... With the usual caveats, they are indebted to Peter Traynor for his excellent research assistance on the questionnaire data referred to ... Jospeh A. Vandello, Prevalence and Effects of Rape Myths in Print Journalism, 14 Violence... more
... With the usual caveats, they are indebted to Peter Traynor for his excellent research assistance on the questionnaire data referred to ... Jospeh A. Vandello, Prevalence and Effects of Rape Myths in Print Journalism, 14 Violence Against Women 287 (2008); Jenny Kitzinger, Rape ...
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Research Interests: Law and Legal Studies
Research Interests: Law and Legal Studies
Research Interests: Law and Legal Studies
Research Interests: Law and Legal Studies
ABSTRACT This article examines how psychiatric evidence can be misused in rape trials and argues in favour of more stringent limits on cross-examination to protect rape complainants from improper attacks on their credibility.
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ABSTRACT It has become commonplace in commentaries on the ‘justice gap’ in rape cases to lament the existence of a ‘real rape’ stereotype which prevents assaults involving known assailants, which take place in private spaces and perhaps... more
ABSTRACT It has become commonplace in commentaries on the ‘justice gap’ in rape cases to lament the existence of a ‘real rape’ stereotype which prevents assaults involving known assailants, which take place in private spaces and perhaps without the use of additional physical violence, from being accepted as genuine and/or serious violations, whether by police, prosecutors or jurors. In previous work, we have urged caution lest too much reliance on the ‘real rape’ stereotype disguise the complexities at play in framing jurors' responses to rape cases involving acquaintances. In this article, we take these reflections further, drawing on a recent study conducted by the authors in which 160 members of the public were recruited and, having observed one of four mini trial reconstructions involving an alleged rape by the complainant's ex-partner, were divided into juries and asked to deliberate towards a verdict. Though the vast majority of our jurors were receptive, in principle, to the idea that a woman could be raped by a man with whom she had previously had a relationship—and indeed often noted the statistical prevalence of such assaults—participants continued to consider these cases to be ‘less clear-cut’, ‘more delicate’ and ‘a lot harder’ than rapes involving a stranger. In line with our previous findings in the context of acquaintance rapes, the fact of a familiarity between the trial parties created an opportunity for jurors to invoke and rely upon engrained expectations regarding resistance and sexual (mis)communication, which—when combined with persuasive strategies that interpreted the standard of proof as requiring nothing short of absolute certainty—mitigated against the likelihood of returning a guilty verdict. Significantly, though, as we will illustrate in this article, the fact of a previous intimate relationship interacted with these expectations in heightened and often quite specific ways to create new tropes.