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It would be easier to give evidence if offender was in another room where he could hear and see but not in the same room. I would have preferred not to have been in the same room as him when I gave my statement. I was that tense, I thought I'd snap. The most uncomfortable thing is seeing all these eyes on you. If I was facing the judge and the questions were coming from behind me, I could cope with that. For women who couldn't face the defendant again it would be excellent [to be able to give videotaped evidence]. In a way seeing the defendant makes you face up to it - but it depends if you are ready to accept and handle it.
Women felt particularly let down by the prosecution who could in their view have acted in a more robust way to provide protection from character attacks. As mentioned above, many women were disappointed in the performance of the prosecutor. Many women felt that he or she made no effort to get to know them, or their evidence, or even to meet them before the day of the trial. This made them feel unrepresented which, in the legal sense, they are , and unimportant:.
I was really frustrated [that I didn't meet the prosecutor before the trial] because I didn't know what the defence was going to ask. I should have been able to meet my lawyer more often and have him tell me what he was going to do and what the other lawyer was going to do.
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Mum and Dad didn't meet the lawyer till the day of court. I would have liked to have a say in what lawyer I got. He treated me courteously, but that was it. He didn't do a very good job at all. I walked into court. He said "Hi. You sit here. Some women, notably those who felt their case had been successfully resolved, felt that the prosecutor had done well, had treated them with respect and had kept the defendant's lawyer "within the rules. There were very few negative comments about the trial judges' behaviour.
One woman was disappointed that her support person was not allowed to sit next to her when she gave evidence, and another felt that the judge must have been deaf because he kept asking her to repeat things. Most women felt the judge was fair and impartial, and many went on to say how pleased they were with the judge in their case. However, it needs to be pointed out that almost all of the women interviewed left the court after they gave evidence so did not hear the judge instruct the jury. It may also be that many of the complainants did not understand the role of the judge in controlling the court room environment and made no connection between the inappropriate questioning of defence counsel, and the silence of the judge and the prosecutor.
The importance of [the judge's role as the controller of court proceedings] cannot be over-emphasised, because it is the judge who determines the appropriateness of particular lines of cross-examination and rules on questions of inadmissibility Clearly some women understood the judge's role, as they commented that the judge had ruled some of the questions irrelevant. Most of the comments made, however, focused on the performance of the judge while the woman gave evidence:".
The judge was really nice. He was really good because I could talk to him and because he let me say what I wanted to, to the defence lawyer. He was really considerate and stopped court a couple of times to let Mum cuddle me and get a drink of water. I thought he was nice and very compassionate. He seemed to understand what I was going through and he asked me a couple of times if I wanted to take a break.
It is her behaviour and character, rather than those of her attacker, that becomes the focus of minute examination.
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Most women were anxious about going to court and the majority afterwards described their experiences as being even worse than expected. This was due in particular, to defence cross-examination which often made the complainer feel that her own character and behaviour was on tria1. Her manner of dress, her perceived reaction to the crime and her lifestyle seem to be unfairly deemed relevant to the determination of the defendant's guilt or innocence. The complainant often has the experience of being forced or. These passages demonstrate that the feelings of the women in this part of the study reflect results from many other jurisdictions, as well as the statements made in the Rape Study.
In some cases of stranger rape, where identification was the issue, and the woman had, for example, been attacked in her own bed while asleep, the women found defence counsel tolerable, or "abrupt". However, the vast majority of women reported a much worse experience, especially when the issue was consent, or belief in consent. In such cases, there seems to have been very little control of the kinds of questions that defence counsel is allowed to ask in cross-examination.
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Evidence of the sexual history of the complainant is inadmissible except with the leave of the judge. In addition, a number of the women were not informed that such evidence was inadmissible. The overall feeling of the women about the substance of cross-examination and the behaviour of defence counsel is that they are extremely upsetting and inappropriate:.
He was a prick - just basically ran me into the ground. Got a guy I used to work with to lie on the stand. Made me out to be sleazy and smutty I felt fine about giving evidence until it came to the cross-examination. He treated me badly - he said things that were never said and I couldn't allow that I thought it was disgusting what lies that lawyer told in front. In the trial transcripts I examined I found that the perfectly normal behaviour of young women is presented as evidence that they provoked the man's attack or asked for it.
Questions addressed to the women The jury did not know this. In the later trial he was found guilty and was sentenced to 18 months imprisonment.
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He said that I told Margie that the offender just "came over me". It made me feel sick. It was disgusting.
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It was untrue. I have never told anybody else that [besides the police] and I have burnt my statement because I can't stand it in the house. He was a real arsehole to me He asked me if I had made it up because I didn't want my parents to be angry. He [intimated] that I had had quite a few boyfriends. He said: "didn't I go to the party to make my boyfriend jealous? I didn't think it was relevant to the case. He made me feel like shit. He twisted all my words round and made out that I had been hallucinating, taking drugs.
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Then when that didn't work he tried to say that it was my father then he said that it was my counsellor that had put it into my head but I didn't start seeing a counsellor until the Tuesday after it happened and my father was away at that time His lawyer made me feel as if it was my fault and I didn't know what I was talking about I did not comment on the question about my sexual past because it was not relevant. The judge didn't mind because he didn't think it was relevant either. I was asked how would I know that there was penetration - that would be typical of a man to ask a stupid question like that.
He treated me like I was stupid. He questioned every little thing and made me feel like I was on trial.
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It was terrible. He accused me of lying. Put me through the wringer. Implied I was bored in my marriage.