Sexual offending expert calls for jurors to be warned over ‘rape myths’

Sexual offending expert calls for jurors to be warned over 'rape myths'

Dr Susan Leahy

An expert on sexual offending has said Irish judges should be given guidance on how to warn juries against “rape myths”, The Irish Times reports.

Dr Susan Leahy, author of Sexual Offending in Ireland: Laws, Procedures and Punishment, said jurors can “get distracted from the issue of consent”.

Judges in Northern Ireland and other parts of the UK are allowed to warn juries about prejudicial stereotypes, and non-statutory guidance exists on how to do so.

Dr Leahy has suggested similar guidelines should be considered as part of the Irish Government’s review of the conduct of rape and sexual assault trials.

The review was launched following criticism on both sides of the border over aspects of a nine-week rape trial in Northern Ireland which ended with Ireland and Ulster rugby players Paddy Jackson and Stuart Olding being found not guilty of raping a woman.

Dr Leahy said: “When they’re in the courtroom with the wigs and gowns, jurors can get distracted from the issue of consent with issues like ‘didn’t she behave foolishly’ or ‘God should she really have drunk that much’.”

She added: “Before they go into the jury room, the judge can drag them back into reality and remind them it’s not their job to determine if someone was foolish. It’s their job to determine if there was consent or not.”

A survey conducted by Eurobarometer in 2016 found that 21 per cent of Irish people “think that having sexual intercourse without consent is OK in certain situations”.

Around 11 per cent of Irish respondents said they think being drunk or using drugs justifies “sexual intercourse without consent”, and nine per cent think it is justified if the person is wearing revealing, provocative or sexy clothing.

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