MP Ann Coffey calls for review into use of juries in rape trials

A major review of the jury system for rape cases should be launched which should consider the introduction of judge-only trials, a Labour MP has said.

Ann Coffey said conviction rates suggested there is "a reluctance on the part of juries to find young men guilty of rape".

She said this was in part due to rape "myths and stereotypes" that are present in society, including views that "women invite rape by what they wear" or "real rapes are done by strangers in alleyways".

"Juries view evidence through the lens of prevailing stereotypes, which shape the views of the wider community," the MP for Stockport said in a House of Commons motion on Wednesday.

She also said juries lacked understanding about consent in date or acquaintance rape cases, leading to falling conviction rates.

As a result, Ms Coffey claimed, prosecutors can be reluctant to pursue cases and police reluctant to lay charges.

"The result of this is that victims will stop coming forward and justice in the criminal justice system will be denied to young women," she said.

Ms Coffey called for an "urgent independent inquiry" which should consider judge-only trial options, jury vetting, specialist rape courts and a review of the rules around the disclosure of a complainant's sexual history and mobile phone data.

She said statistics from the Crown Prosecution Service showed that the number of men charged with rape in England and Wales had fallen to its lowest level in a decade, but police reports had risen in recent years.

Less than a third of prosecutions brought against men aged 18 to 24 in England and Wales resulted in a conviction in 2017/18, the figures showed.

"I absolutely accept that the justice system needs to ensure that the innocent go free and the guilty are sentenced, but my concern at the moment is the conviction rates indicate that the scales of justice are tipped against the victim," she said.

Myths exist around the way rape victims are expected to behave after an assault, while some believe flirting on a date indicates consent, Ms Coffey said.

"Juries take these attitudes into the courtroom with them, and defence lawyers play up these myths in an attempt to rubbish the witness," she said.

Ms Coffey noted the German and French court systems had a collaborative model for rape cases, with judges deciding cases with citizens.