header-logo header-logo

Rape trials & PTSD

05 August 2011 / Hle Blog
Issue: 7477 / Categories: Blogs
printer mail-detail

Halsbury's Law Exchange blogger Gary L Walters studies post-traumatic stress disorder as a result of a rape trial

"As a legal academic with an interest in sexual offences, specifically consent in rape, I have witnessed many elements of a rape case from different perspectives. An issue that becomes evident in most, if not all, cases are jurors’ attitudes to a complainant while being questioned by defence or prosecution.

I am reminded that the purpose of any case is to test the evidence put before the court and that any complainant suffering from post-traumatic stress disorder (PTSD) is not likely to have it raised as an issue of a rape or attempted rape. In R v E (2011), PTSD was admitted only to rebut the presumption of fabrication. Rape does not require injury, Professor David Ormerod analysed R v Olugboja [1982] QB 320, [1981] 3 All ER 443 and concluded rape was an offence against consent, not one requiring proof of violence.

That in mind, questions, sometimes unpleasant ones, need to be asked. The defendant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll