Rape cases: why judicial training is needed | Rachel Anne Fenton and Phil Rumney | Comment is free | guardian.co.uk

Rape cases: why judicial training is needed | Rachel Anne Fenton and Phil Rumney | Comment is free | guardian.co.uk

It is noteworthy that in England and Wales, the Judicial College is responsible for training judges who hear rape cases. The rule in that jurisdiction is that judges may only hear such cases if they complete the college's three-day residential training programme every three years. Read the full text.



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Alison Saunders, one of the country's leading prosecutors, has drawn attention to the "enduring myths" that surround rape victims – and in so doing questioned the performance of the criminal justice system in its prosecution of rape cases.

One raised concern in particular addressed the attitude, pronouncements and decision-making of some trial judges. Special training for judges may not be a "cure all" for the challenges presented by rape cases, but it represents a positive effort by the judiciary to address those issues. In England and Wales, the Judicial College is responsible for training judges who hear rape cases. Judges may only hear such cases if they complete the college's three-day residential training programme every three years.

While this may initially appear to be a limited amount of training Peter Rook, the former director of the serious sexual offences programme, has pointed out that judges are under a continuing professional obligation to update their own knowledge:

"It is important to note that judicial training is not intended to be the only source of information and updating with which members of the judiciary engage. If they are to be 'effective' office-holders then they themselves are expected to keep up to date as part of their professional responsibilities."
The current training prospectus explains that the training's purpose is to provide "those who try serious sexual offences with an opportunity to identify and address current legal, evidential, procedural, social and sentencing issues". It "provides an update on current law and seeks to assist judges to develop their judicial skills in relation to the trial of serious sexual offences".

It recognises that an appropriately skilled judge requires not only an understanding of the black-letter law but also an awareness of relevant sociological and medical issues. The subjects covered during the training include the law relating to sexual history evidence, sentencing, the use of measures (such as live video links and intermediaries to help witnesses give best evidence), the law pertaining to indecent images of children, false rape allegations, male victims of rape and the meaning of consent.

Wider contextual issues that might be of importance in rape trials – including delays in reporting and difficulties that some complainants have in recollecting traumatic events in a consistent manner – are also discussed. It is evident that the training is mindful in ensuring a fair trial for defendants, as well as complainants.

The training comprises a mixture of lectures given by expert speakers, mock trials and "syndicates", which comprise a dozen or so of the attending judges and are led by trained tutor judges. The current course director, Nick Browne, has described the syndicate time as invaluable, as it allows judges to express themselves in an "uninhibited ... open and supportive manner".

There is evidence that the training works. Fiona Mason's work on the effects of rape on victims, which is a regular feature of the course, has been described by Peter Rook as having a "significant impact" on attendees.

Indeed, the court of appeal now permits "uncontroversial" judicial comment on such things as delayed reporting by a complainant when the judge directs a jury before it considers its verdict.

Browne is also of the view that the training has had an impact on judicial attitudes: "there has been a sea change in attitudes and I think the training is, dare I say it, I think it is gradually working. It is a slow and organic process".

But there is also recognition that any training course will have limitations: "There is always [a] risk [that people] come with preconceived ideas … and then leave with the same preconceived ideas. I am afraid that is possible." Nonetheless, as a means of addressing some of the system's past defects, judicial education is a development which merits attention."