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How to Improve Rape Trials

Do rape trials need to be reformed? How the Law Commission of England and Wales, and a Scottish government bill, aim to do so. And: contrasting the two Johnny Depp v Amber Heard trials

Conviction rates for rape trials are lower than those for other criminal trials, and the court experience can be intrusive and harrowing for survivors. The Law Commission of England and Wales (the independent body that advises the government on law reform), has just published a new consultation paper for how to change this. Criminal law commissioner Prof Penney Lewis, and before her Independent Sexual Violence Adviser Annabelle Edwards of Rape Crisis, speak about the reforms they'd like to see.

The Scottish government's Victims, Witnesses and Justice Reform (Scotland) bill also aims to improve rape trials. If passed, it would abolish the "not proven" option for acquittal, create specialist rape courts, and controversially establish the option of judge-only, non-jury trials as a pilot scheme, as it's feared rape myths might influence some jurors. Fiona Leverick, professor of Criminal Law and Criminal Justice at the University of Glasgow and Tony Lenehan KC, president of the Faculty of Advocates' Criminal Bar Association discuss the bill.

The Hollywood stars and former married couple Johnny Depp and Amber Heard faced each other during two separate libel trials that asked whether or not Mr Depp physically abused Ms Heard. Depp lost the first case, against the owners of the Sun newspaper. It was heard by a judge in the High Court in London. Depp won the second case, against his ex-wife, decided by a jury in the United States. Nick Wallis is the only journalist to have covered both trials. He contrasts them in his new book "Depp v Heard, the Unheard Story".

Presenter: Joshua Rozenberg
Producer: Arlene Gregorius
Researcher: Bethan Ashmead Latham
Sound engineer: Neil Churchill
Editor: Clare Fordham
Production Coordinator: Maria Ogundele

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29 minutes

Last on

Thu 25 May 2023 20:00

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  • Tue 23 May 2023 16:00
  • Thu 25 May 2023 20:00

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