The Delhi Diaries

In the aftermath of the acquittal of all four defendants in the Belfast Rape Trial, there has been an outcry that the criminal justice system as it currently stands in prosecuting sexual assault and rape cases is failing women. I couldn’t agree more. But in actual fact, it is failing all parties. Can we ever be Sure Beyond all Reasonable Doubt? The standard of proof in a rape case, to prove beyond all reasonable doubt that a party did not consent, or that one party knew, or ought to have known that the person did not consent and continued on recklessly, is almost impossible to meet in circumstances of rape, particularly if there has been alcohol involved. The standard of proof is rightfully high considering that a conviction of rape carries a potential life sentence and non-custodial sentences in rape have proved to be exceptional. Another huge barrier to reaching this threshold is the high evidential requirement of criminal trials. When criminal trials rely so h...

*Update* As of 28 March 2018, all four of the co-accused have been acquitted of all charges. In an ongoing rape trial in Ireland, two Ulster rugby players, Paddy Jackson and Stuart Olding, stand accused of the rape of a woman at an after-party following a night on the town. A third, Blane McIlroy, is accused of indecent exposure whilst the fourth accused, Rory Harrison, is charged with perverting the course of justice. All four deny the charges.  I have been watching as the trial unfolds, namely to gauge Ireland's reaction to sexual assault and rape trials. Historically, Ireland has fallen in to the trap of victim blaming or 'boys will be boys'-ing and I was interested in tracking whether perceptions have changed, especially in light of recent developments and campaigns such as #metoo.  What has shocked me more than the details of the alleged rape itself are the WhatsApp conversations which took place after the alleged rape and which have been entered in t...