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Informing Judicial Challenge to Jurors' Stereotypes in Rape Trials

Summary of the impact

Research conducted at the University of Nottingham has played a key role in developing new guidance for judges giving directions to juries in rape trials in England and Wales. The research explored the influence of providing (mock) jurors with education to counter `rape stereotypes'. Its findings fed into the work of an Expert Panel, convened by the Solicitor-General, and played a key role in supporting the inclusion of `myth-busting' directions in the Crown Court Benchbook. These may alter the ways in which jurors deliberate and ensure greater justice. Beneficiaries include the CPS, judges, jurors, rape complainants, criminal justice practitioners and policy-makers, and the general public.

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Psychology and Cognitive Sciences: Psychology
Law and Legal Studies: Law

Rape Law and Evidence: Legislative and Policy Reform

Summary of the impact

Legislation, policy and practice surrounding the criminal justice response to rape in Scotland have been profoundly influenced by the work of Professor Michele Burman. Her research directly informed the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, and continues to influence policy and practice guidance. Her research on rape attrition/conviction rates informed changes to investigative/prosecutorial responses. Her work was drawn on in the Scottish Law Commission's review of the law of rape and informed the subsequent Sexual Offences 2009 Act which introduced radical changes to the definitions of rape and of consent. Burman's research has been adopted by Rape Crisis Scotland in national campaigns, and crucially informed training materials for the judiciary in Scotland and abroad.

Submitting Institution

University of Glasgow

Unit of Assessment

Social Work and Social Policy

Summary Impact Type

Legal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology
Law and Legal Studies: Law

Influencing law, policy and practice in jury trials in the UK and abroad

Summary of the impact

Research by the UCL Jury Project has directly influenced government and judicial policies and practices and public debate both in the UK and abroad. It has:

  • identified the need for reform and solutions to problems (on juror internet use, deliberation guidance, judicial directions and government reporting of conviction rates);
  • influenced judicial thinking and decision-making (on directing juries and trial by jury in the internet age);
  • influenced law reform proposals in the UK and abroad (on contempt, improper juror conduct and the insanity defence);
  • influenced government policy decisions (on upper age limit for jury service and anonymity for rape defendants);
  • contributed to improving the quality of debate about trial by jury (through wide-spread media coverage of the research).

Submitting Institution

University College London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Psychology and Cognitive Sciences: Psychology
Law and Legal Studies: Law

Piloting Pre-Trial Witness Interviewing

Summary of the impact

This research informed the introduction and on-going implementation of a major criminal policy innovation, namely, Pre-Trial Witness Interviewing (PTWI) by Crown Prosecutors across England and Wales. It was conducted in partnership with the Crown Prosecution Service (CPS), and provided independent evaluation of PTWI as an integral component of the piloting phase prior to national roll-out. The research formed part of the initial PTWI training of selected Crown Prosecutors and, following roll-out, continued to serve as a resource for frontline prosecutors, affecting case progression, complainants' experiences and the outcomes of criminal cases (prominently including serious sexual assaults and domestic violence).

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Criminology
Law and Legal Studies: Law

Developing a Sexual Consent Campaign to Raise Awareness and Educate Young Men on Sexual Activity, Consent, Intoxication and the Law of Rape

Summary of the impact

The findings of this research project directly led to the formation of a Liverpool city wide campaign which ran in 2012. The findings highlighted the prevalence of alcohol related sexual assault amongst the student population in the Merseyside region, along with misunderstandings regarding the relevant legal provisions and the presence of victim blaming attitudes amongst the lay population. Following consultation with Dr Gunby (formerly LJMU), the Council decided to develop a campaign focused on raising awareness and educating young men (aged 18-24) on the issue of intoxication, consent and the law of rape. This is a much called for and significant change, as rape campaigns have almost exclusively focused on the behaviour of young women, which tends to problematically reinforce rape myths. To this end, Dr Gunby worked closely with Liverpool Citysafe Crime Reduction Partnership on the compilation of the campaign. The main beneficiaries of this research are Liverpool City Council, the National Union of Students (NUS) and the student population within Merseyside.

Submitting Institution

Liverpool John Moores University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Psychology and Cognitive Sciences: Psychology

Violence Against Women: Enhancing responses to victim-survivors

Summary of the impact

Since 2000 the Child and Woman Abuse Studies Centre (CWASU) has produced a body of research that has had significant impact for victim-survivors of violence against women (VAW) at policy and practice levels. We have evaluated new and emerging forms of support provision (Sexual Assault Referral Centres), tracked attrition in criminal justice responses to rape in England, Wales and Europe, mapped the `postcode lottery' of specialist services across Great Britain, and developed minimum standards for specialist services across Europe. Our research highlighted promising practices that led to a national rollout of specific forms of provision and central government funding for specialist services. We were among the first researchers in the UK to draw on human rights principles to illuminate the responsibilities of states to provide services, principles further elaborated in the 2011 Council of Europe Convention. Evidence here demonstrates that responses to victim-survivors across a number of arenas — criminal justice, specialist NGOs, and statutory health agencies — have been enhanced at an unprecedented level because of our work. More widely, our research has rekindled scholarship on sexual violence.

CWASU's role as independent academics... is crucial for both the voluntary and community sector and for statutory bodies like the Mayor's Office for Policing and Crime. They understand the issues on the ground from the perspectives of women and girls and... have developed cutting edge research and responses to complex problems to provide a robust evidence base for the sector to use in their advocacy work (Policy and Delivery Officer, Violence against women and gangs, Mayor's Office for Policing and Crime).

The ... evaluations of models of service delivery are invaluable in providing us with the information and tools to undertake the work that we do, both nationally and locally. The knowledge that we gain from CWASU informs and shapes our work as we continue to strive for improved responses to violence against women (Manager, Women's Aid, England).

Submitting Institution

London Metropolitan University

Unit of Assessment

Social Work and Social Policy

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology
Law and Legal Studies: Law

Shaping Law Reform and NGO Campaigns on Extreme Pornography and Pornographic Images of Rape

Summary of the impact

Research conducted by the research group `Gender and Law at Durham' (GLAD) has had a significant effect on the enactment and reform of the criminal law relating to the possession of extreme pornography, and on the activities of NGOs lobbying for change in this area. In particular, the research has generated the following impacts:

(1) In Scotland, it has shaped the campaigns of NGOs, recommendations of the Parliamentary Justice Committee, and new legislation by the Scottish Parliament to criminalise the possession of pornographic images of rape.

(2) In England, it was used by Rape Crisis (South London) and the End Violence Against Women Coalition for their campaign to `close the rape porn "loophole"'. This led to a change in Government policy in England and Wales, and a public commitment by the Prime Minister to amend existing English legislation criminalising the possession of extreme pornography to include rape pornography.

Submitting Institution

University of Durham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Strengthening the Design of Criminal Cartel Offences

Summary of the impact

Stephan's research identifies difficulties with a dishonesty element in the offence of agreeing to fix prices with a competitor. It has had impact in the UK and Australia. In 2011, the Department for Business Innovation and Skills published a consultation document, citing Stephan's findings in justifying proposals to drop dishonesty in favour of a new cartel offence. In Australia, a draft criminal offence which required dishonesty was proposed in 2008. Following submissions by academics and practitioners which cited Stephan's work, the dishonesty element was dropped. A 2009 Australian Senate Standing Committee report supported this change, quoting one of Stephan's papers.

Submitting Institution

University of East Anglia

Unit of Assessment

Law

Summary Impact Type

Economic

Research Subject Area(s)

Law and Legal Studies: Law

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