What To Expect During a Rape Trial

Rape is what we refer to as an indictable only offence. This means it can only be tried in the Crown Court, therefore when a person has entered their not guilty plea in the Magistrates Court, the case will proceed to the Crown Court for trial. This will not happen straight away there are various steps in the trial preparation process that must be undertaken by the defence and the prosecution. When your trial will take place also depends on how busy the court is, defendant's can be waiting months and more recently years for their trial to begin. 

Approximately 28 days after your first hearing you will be required to attend the Crown Court for a Plea and Trial Preparation Hearing (PTPH). At this hearing you will be required to enter your plea again to the charges alleged against you. Once pleas are received the Crown Court judge will give directions to the defence team and prosecution, these directions set a timetable for your case and provide us with dates to work towards when preparing your trial. 

The judge will also set a date for your trial, and any other hearings they may feel are required, this can include the following: 

Ground Rules Hearing. A ground rules hearing applies in cases where the CPS have applied for a hearing under section 28 of the Youth Justice and Criminal Evidence Act 1999. A Section 28 hearing enables the recording of evidence and cross-examination to take place prior to trial, subject to judicial discretion. This is a special measure and prevents the complainant in a case from having to give live evidence at trial. 

The purpose of the ground rules hearing is to set the rules for what questions can and cannot be asked of the complainant. The defence team will provide a brief idea to the judge of what questions we intend to ask beforehand, and they will be decided upon before the section 28 hearing. 

Section 28 Hearing.  This is the cross examination of the complainant at a hearing which takes before the trial. It is very common for this in cases which concern child sexual abuse. The hearing will take place sometimes months before the trial, and is done without a jury present. The questioning of the complainant is recorded and then this recording is played at the trial in front of the jury. The defendant has to attend the section 28 hearing, it is beneficial for them to do so in any event as it gives an idea as to how the complainant will appear to the jury and what evidence they give. 

Pre-trial Review.  Pre-trial reviews are common in cases of rape, particularly where there maybe be issues to address before the trial, or there has been a long period between the PTPH and trial. The purpose of this hearing is for the judge to review the case and ensure both parties are trial ready. This is a good way for the courts to ensure that the courts run smoothly and according to the timetable. 

In addition to the above hearings, which are common when preparing for a rape trial, the court can list the case for hearings which are not anticipated at the beginning. These hearings can be requested by either party or the court if issues arise during the preparation of the trial. 

If evidence of the complainant has been pre-recorded in a way explained above, then the complainant is unlikely to be at court. If the complainant is giving evidence in person, they will be kept in a special area of the court to avoid bumping into the defendant. In most sexual offence cases there will have been application for some type of “special measures” to be put in place for the complainant, which could mean that the complainant will be behind screens when giving their evidence, or via a live link from another room within the court. 

Special measures are very common in rape trials, and although the first thought to the accused is the unfairness of a complainant not having to give evidence in front of a jury, it can actually be beneficial when the jury do not see the complainant in person for a variety of reasons.

The first day of a trial can be quite slow. You will arrange to meet with your legal team before the court day starts, this will allow us to talk about any final questions you may have before trial begins, and to make sure you are ok. 

The first task for the court is to get a jury of 12 people together to hear the case. In court those how have been called for jury service will be sat waiting to be selected. The court will invite around 18 jurors in to the courtroom and then 12 names will be selected at random, it is those 12 randomly chosen people who will determine the guilt of innocence of the accused. 

The court will ask the jury whether they recognise the accused, and vice versa. If there are no issues, then the jury will take their seats and be told what the case is about. They will be provided of the names of witnesses in the case, including the complainant to make sure nobody knows them, they will be given the names of any specific places that may apply to the case to also ensure they are not in anyway associated with it. The jury will also be warned about discussing the case outside of court between them and to other, and also using the internet to research information about the case. 

When the process of selecting a jury is completed, the prosecution will open the case and explain why the accused is being prosecuted and what they say their evidence proves. This can often be very difficult for the accused to hear, but it is important to remember that the defence case will also be presented during the second half of the trial. 

The first witness to be called is usually the complainant. Their evidence will be presented in a way which has been agreed by both parties prior to trial. 

Trials can be rather slow, with judges tending to give jurors plenty of breaks to ensure they are following the evidence and processing it. It is also important for the defendant to have breaks, listening to evidence particularly evidence going against you, can be mentally and emotionally draining. It is important you remain focused and in control throughout the trial. 

The only time during your trial you will not be able to speak to your legal team is when you are giving your evidence. The judge will inform you of this should the court take a break during this time, our discussions with you can resume once you have finished. 

At Eventum Legal we set time aside throughout the trial day to conference with our client, we hold conferences as often as possible and where the client requires them. However, we also appreciate that there are times when our client needs to break, and we encourage this to ensure they remain fresh, focused and mentally ready for the courtroom. 

The length of trials vary dependent on the amount of evidence that is likely to be heard. Usually a rape trial would be listed for five days, this does not mean the trial must be finished on day 5, the trial can conclude sooner or beyond the original estimated time. The court when listing a trial must take into account time for jury deliberations too. 

If you have been on bail prior to your trial then there is no reason the court would remand you unless you breached that bail, breaches that are likely to lead to remand during a trial include interference with witnesses or failing to attend court. If you have adhered to bail, then you will be released at the end of each trial day on bail and expected to return the following day. 

Choosing a lawyer to prepare and defend you can be difficult, and at times feel overwhelming. When you speak to our team there is no pressure, we don't sell our service to you, there is no need. We hope that when you speak to our team you feel a sense of care and genuine commitment we have towards helping our clients. 

We have an exemplary track record of exceptional trial preparation, taking a meticulous and no stone unturned approach to analysing and gathering evidence on behalf of our client. We will listen to you and work with you in turn giving you the confidence you require to attend your trial feeling ready and protected to fight for your innocence. 

Our specialism in defending cases concerning rape and other sexual offences makes our service unique. We power our resources and staff training into this very area of law, giving you the advantage of having an experienced and highly knowledgeable lawyer fighting to protect you. 

If you would like a free initial consultation where we can map out a plan of action for your case, then contact our friendly and non judgemental team. We are here to help you.