Sexual Offence Trials in Northern Ireland: The Cultural and Legal Dimensions

Why didn't you scream? Epistemic injustices of sexism, misogyny and rape myths

“…While the case was prosecuted according to due legal process, it nevertheless triggered a full review of the processes involved in cases concerning serious sexual offences, as well as protests about the complainant's treatment in court, as well as concerns that the accused had no anonymity under Northern Irish law. As Killean et al (2021) state, what had long been known to legal practitioners, academic researchers and advocacy groups was highlighted in this high-profile trial: that all such trials are 'always legally complex, potentially re-traumatising for complainants, challenging to achieving a fair trial, and often shaped by problematic social and cultural understandings of appropriate sexual behaviour' (p. 4). A key issue of concern was that the four defence counsels appeared to draw on rape myths (Killean et al, 2021) to discredit the testimony of the victim and to inflate the testimonial credibility of the defendants.…”

“…As Killean et al. (2021) state, what had long been known to legal practitioners, academic researchers and advocacy groups was highlighted in this high‐profile trial: that all such trials are ‘always legally complex, potentially re‐traumatising for complainants, challenging to achieving a fair trial, and often shaped by problematic social and cultural understandings of appropriate sexual behaviour’ (p. 4). A key issue of concern was that the four defence counsels appeared to draw on rape myths (Killean et al., 2021) to discredit the testimony of the victim and to inflate the testimonial credibility of the defendants.…”

“…While it is crucial to ensure fair trial rights for the defendant because of the severe effects of a wrongful conviction, the complainant is also treated as if she were on trial. In trials of sexual violence, the process is often reduced to one person's word against another, and since juries must be sure of guilt beyond reasonable doubt, the defence has only to create doubt about the complainant's version of events to return a not‐guilty verdict (Killean et al., 2021). A common defence strategy is to resort to rape myths such as that sexual assault is not ‘real rape’, impugning the complainant's behaviour during the assault, her sexual history and conduct, highlighting testimonial inconsistencies (which are most likely caused by trauma), and using a yes/no binary answer system that disallows nuance and limits or distorts the complainant's responses (Killean et al., 2018a, p. 3).…”

“…The province remains a deeply conservative Christian society still recovering from ethno‐national divisions between the Protestant/Unionist majority and the Catholic/nationalist minority in a conflict better known as ‘The Troubles’, during which Northern Ireland was an ‘armed patriarchy’ (MacKay, 2018). Reporting sexual violence committed by paramilitary organisations can be fraught with danger, and their continued presence in some communities can silence those who want to report sexual assault and domestic violence (Doyle & McWilliams, 2019; Killean et al., 2018b). This has contributed to a culture in which such reports are often not made, and when they are made, are dealt with ineptly.…”

“…This has contributed to a culture in which such reports are often not made, and when they are made, are dealt with ineptly. The Rugby Rape Trial revealed the inadequacy of the criminal justice system to deal with such allegations and exposed how sexual violence, misogyny and sexism are framed and processed in law, education, the church and wider society (Killean et al., 2021). The school system is segregated along largely Protestant and Catholic lines and is deeply influenced by a Christian ethos in which sex education is barely discussed, and then only in terms of biology, the virtue of abstinence and the idea that sex is for marriage (York et al., 2021a, b).…”