Stacey Dooley: Rape on trial

I imagine most jurors think that he probably did commit the rape but when a great prosecution barrister stresses how you must be sure beyond reasonable doubt and anything less means a not guilty verdict.

Reasonable doubt is explained as being almost certain. How is that possible in a he said / she said trial?

Jurors can form an opinion but how can they be certain??

The burden of proof is so high that most rapists get off.

I think the Bias is the thing on both sides. It's wrapped in fear for both men and women.

So many rape cases rely on 'he said, she said' there's often little forensic evidence that a defendant can't try to explain away by saying it consensual or rough sex.

Men probably think ', what he's telling the truth, that could happen to me and no one would believe me' (however small we know the likelihood of false accusations is)

Women know so easily could be them/ or has been them/or was nearly them. And we all know how likely the reality of not getting justice, or being believed is.

And there are some very good men and maybe more than you might think.

Did the act happen
Did the victim consent
Did the perpetrator reasonably believe that the victim consented
The third is very hard to prove if the perp is persuasive. You need a good prosecutor, a good judge and good police.You actually also need a good jury.

Julie Bindel did a great piece a few years ago about how rape is basically legal now because the conviction rates are so low and how juries should be exempt from rape cases because they’re too biased. I would agree with her.

There was a very interesting programme a few years ago which showed the trial of a man charged with the rape and murder of his ex.

It was in two parts, the first part was the time leading up to the murder and the second showed the actual crime.

What was interesting was the jury's debate. There was a very opinionated man who had decided the plaintiff wasn't guilty and wouldn't hear of any argument against that.

All the men voted not guilty and all the women voted guilty. Rape myths and misogyny are still embedded in our culture and people on a jury are brought up in that culture.