A Question for the #MeToo Movement

A Question for the #MeToo Movement

Should Cases of Sexual Violence be Tried Without Juries?

• Julie Bindel , a freelance journalist for The Guardian, believes that the answer is YES. 
• In her opinion piece, Bindel echos the sentiment that "myths about rape are so widely believed by the public that their ability to deliver justice is compromised."
• Myths like:
• "Victims provoke sexual assaults when they dress provocatively or act in a  promiscuous manner."
• "It's not sexual assault if it happens after drinking or taking drugs."
• "It's only rape if the victim puts up a fight and resists."
• "Sexual assault is often the result of miscommunication or a mistake."
•  The opinion goes on to state that prevailing rape myths and misconceptions "can poison the mind of a juror against the complainant, whatever the evidence against the defendant."
• See also the article by Alexandra Topping.

What Evidence Suggests Juries Cannot Render Impartial Verdicts in Rape Cases?

• Bindel's piece highlights an interesting pattern: 
• Pattern: Acquittals are significantly higher in cases involving young male defendants.
• A comprehensive study in the UK found that less than 1/3 of young men prosecuted for rape are convicted. 
• For example,"the conviction rate for 18-24 year-olds in all rape cases- including those involving child abuse and domestic abuse - stood at 35% in the five years to 2017-18. However, the conviction rate in the same types of cases for men aged 25-59 was significantly higher - 49%."
• Bindel hypothesizes that this acquittal pattern may reflect that "jurors don't want young men labelled and stigmatized for life by a rape conviction; even where there is strong evidence, they may be bringing to the case their own anxiety that it could happen to their son, brother or friend.
• Bindel concludes that "until we see an end to toxic rape mythology and victim blaming among the general public, juries can't be trusted to try such cases."

 With the Removal of Juries from Rape Trials, Who Would Determine the Verdict?

• A "Panel of Accessors"
• Bindel suggests that a Panel of Accessors could aid a presiding judge in the prosecution of a sexual violence case. 
• The Panel would consist of individuals who have specialized training, knowledge, or expertise relating to sexual violence. 
• The role of the panel would be to help inform the judge during trial about relevant issues/facts and dispel misguiding myths.