Guernsey Press

Going back to the Dark Ages

THE amendment to the sexual offences debate regarding the burden of proof in cases of rape will take us back to the Dark Ages. The accused will be found guilty unless it can be proved otherwise. The victim bringing the case will have as much police help as is required – which may be considerable. The accused will not have this, but if the person can afford the help of private investigators and a top-class advocate, then he/she might stand a chance of being found ‘not guilty’. On the other hand, if the accused has no private means, the odds will be considerably reduced.

Published

However, the amendment was presumably meant to ensure a greater number of successful convictions and it is unlikely to have this effect. Deputy Le Tocq touched on the heart of the matter when he mentioned that he has counselled many victims, but few will go to the police. The question to be considered is why so few cases are brought to court. The answer is simple – how many victims would be willing to face a cross-examination by a defence advocate in open court, which may well bring up their previous sexual history, what outer apparel was worn, what underwear was worn and mention of various intimate body parts? The person concerned would need to be of a very strong disposition and might well be mentally scarred because of the trial.

More convictions would succeed if the adversarial system of court were avoided.

A judge in chambers with the victim and accused, each having an advocate to act as a friend – no jury and no reporting, with the judge attempting to find the truth of the matter. I am sure members of the Guernsey Bar could improve on this, but it could act as a starting point for something a little more helpful than the return to the Dark Ages.

DON SUMMERS

Address withheld.