Jury ‘not suitable’ for rape trials

Press, 1 March 1984, Page 26

Jury ‘not suitable’ for rape trials

PA Wellington The jury system is not suitable for rape trials, a former Auckland mayoress, Mrs Barbara Goodman, has told a Parliamentary select committee studying the Rape Law Reform Bill. Three judges ought to preside at the trials, rather than a jury of 12, Mrs Goodman said. She also suggested that the names of accused persons should not be published until they were convicted of the offence. In submissions, she said she had watched several rape trials and said that in none of the cases was the accused tried by anyone who could remotely be considered his peers. Many counsel also tried to stack the jury, with the effect of putting the victim on trial.

Very few of the jury would have any knowledge of the physchological effect on a victim or any comprehension of the trauma suffered. Judges with specific training in the area would be in a much better position to make informed assessments and judgments, she said. Their experience of many trials would allow them better to evaluate the actions and reactions of both accused and victim. Referring to the publication of the name of an accused, Mrs Goodman said a basic tenet of the legal system was that a person was innocent until found guilty. “The charge of rape is different from others, it carries a stigma, raises prurient interest, and even if the person is found not

guilty, the smear and insinuation are borne by the family for many years.” Mrs Goodman suggested that in rape cases accused’s names or any identifying references not be published until they were convicted. She also proposed that the guilty person pay some form of restitution to the victim. One clause of the Criminal Justice Bill went part of the way in suggesting reparation for bodily injury. That should be extended to include mental and emotional injury. “The day is past when, by the serving of a term of imprisonment, a person is regarded as completely paying off his debt to society,” she said-

Mrs Goodman also represented the Help Foundation of Auckland at the hearings.