Have you watched the “Stacey Dooley, Rape on Trial” 2-part documentary yet? I must admit to feeling apprehensive, knowing that the subject material was going to be hard hitting, and for me close to home. Also, hopeful that there was a light being shone on this important subject, and maybe, just maybe there would be some positive outcomes. Now if you haven’t watched it, this does contain spoilers!
The documentary follows 4 cases through the court process. The first shocking thing is the fact that they take between 2 and 4 years to go through the process and reach a conclusion. That is 4 years where no one is able to move forward, where life is frozen, and the women know that this is looming on the horizon.
Not one of the cases saw a conviction. The jury's decided that there wasn't enough to meet the burden of proof. Which is "you have to be sure" not, more sure than not. My instinctive response is, how on earth is that threshold ever going to be met? Surely you can never be sure of what happens when 2 people are alone. The nature of the offence is that it is 2 people who have generally been unwitnessed and it is therefore only their accounts.
Forensics, Surely? But, when the perpetrator says, (as mine did) "Sure I did those things officer, I just didn't know she didn't consent." Then forensics are useless I'm afraid. My experience was very similar to those portrayed where the burden to prove your victimhood is greater than their burden to prove innocence.
I'm categorically not saying that we should be doing less or jailing innocent people. But the balance is currently wrong. Rapists know they're likely to get away with it. Women (in particular) are fearful of reporting because the process is harrowing and long. Again, in my case it took 4 months to even arrest and interview him. Meanwhile, you are jumping at shadows and being asked to go through examinations that are traumatic.
What do we do then? I wish there was an easy answer! I'm optimistic that programmes such as this highlight the gaps and inequalities. That they question why women are being advised to "dress conservatively and not appear too confident" rather than focus on evidence and impact.
The message I took away was mixed. It worries me that we've not progressed to faster more effective trials. To focus on the evidence not character assassination. But the fact people are reporting, are supporting one another was positive. For some the process, regardless of the outcome, brought closure, allowed them to move forward knowing they'd done what they could.
If you're going through this, see our resources page, or email us directly. If you know someone who's experienced sexual violence, why not check in on them?
We hear you; we see you; we feel you.
Take care.
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