Independent Legal Representation in Rape Cases: Meeting the Justice Deficit in Adversarial Proceedings

Fiona E. Raitt

Independent Legal Representation in Rape Cases: Meeting the Justice Deficit in Adversarial Proceedings

Fiona E. Raitt

Research output: Contribution to journal › Article › peer-review

Abstract

The criminal justice response to rape complainants in adversarial proceedings is a continuing source of concern. Despite improvements in the way that rape allegations are investigated and prosecuted, recent literature affirms that significant problems remain. This article argues that affording independent legal representation (ILR) to rape complainants would help to safeguard their rights and interests. It considers many of the objections typically raised against the introduction of ILR, and challenges the perception that third party representation is incompatible with adversarial criminal procedures, and in particular, the right of the accused to a fair trial. The article outlines a model of ILR that could be introduced in Scotland, a common law jurisdiction deeply committed to its adversarial heritage. Such a model could have wider significance for other common law countries, given the generic nature of many of the criticisms of rape prosecutions.

Original language	English
Pages (from-to)	729-749
Number of pages	20
Journal	Criminal Law Review
Volume	9
Publication status	Published - Sept 2013

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Cite this

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title = "Independent Legal Representation in Rape Cases: Meeting the Justice Deficit in Adversarial Proceedings",

abstract = "The criminal justice response to rape complainants in adversarial proceedings is a continuing source of concern. Despite improvements in the way that rape allegations are investigated and prosecuted, recent literature affirms that significant problems remain. This article argues that affording independent legal representation (ILR) to rape complainants would help to safeguard their rights and interests. It considers many of the objections typically raised against the introduction of ILR, and challenges the perception that third party representation is incompatible with adversarial criminal procedures, and in particular, the right of the accused to a fair trial. The article outlines a model of ILR that could be introduced in Scotland, a common law jurisdiction deeply committed to its adversarial heritage. Such a model could have wider significance for other common law countries, given the generic nature of many of the criticisms of rape prosecutions.",

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AB - The criminal justice response to rape complainants in adversarial proceedings is a continuing source of concern. Despite improvements in the way that rape allegations are investigated and prosecuted, recent literature affirms that significant problems remain. This article argues that affording independent legal representation (ILR) to rape complainants would help to safeguard their rights and interests. It considers many of the objections typically raised against the introduction of ILR, and challenges the perception that third party representation is incompatible with adversarial criminal procedures, and in particular, the right of the accused to a fair trial. The article outlines a model of ILR that could be introduced in Scotland, a common law jurisdiction deeply committed to its adversarial heritage. Such a model could have wider significance for other common law countries, given the generic nature of many of the criticisms of rape prosecutions.

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VL - 9

SP - 729

EP - 749

JO - Criminal Law Review

JF - Criminal Law Review

ER -

Independent Legal Representation in Rape Cases: Meeting the Justice Deficit in Adversarial Proceedings

Abstract

UN SDGs

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