What To Expect During a Rape Trial
Being accused of rape
brings a variety of emotions for a person which can change intermittently from anxiety and fright through to frustration and anger. During a criminal trial for rape, the emotions are at an all time high for everyone involved but understanding what to expect and being prepared for your trial can alleviate some of the anxiety that is caused by the unknown. At Eventum Legal we pride ourselves on our client care, and the time we put into our client to make sure they are ready and feel supported for what can be a long and difficult process.
Which Court will a Rape Trial be Heard In?
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.
Will I Need to Attend Court Before My Rape Trial?
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.
Will I See The Complainant At My 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.
What Will Happen On The First Day Of My Trial?
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.
Will I Have Time To Conference With My Legal Team Before and During My 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.
How Long Will My Trial Take?
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.
Can I Go Home After Each Trial Day?
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.
Why Choose Eventum Legal To Represent You at Trial?
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.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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