Rape on Trial

Dr Candida Saunders
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  • DOCUMENTARY
  • BIWEEKLY SERIES

What actually happens to rape cases in the criminal justice system in England & Wales? Presented by Dr Candida Saunders, a legal scholar specialising in criminal law, evidence, and procedure, Rape on Trial is a legally informed, criminal justice documentary podcast examining the investigation and prosecution of rape and serious sexual offences. Through a series of individual case studies drawing on real-life police and prosecution case-files and Crown Court trial observations, we see how criminal justice actually works in an adversarial legal system, and how it doesn't. By looking closely at each stage of the criminal process, at cases that both do and don’t result in prosecution and conviction, we see discretionary pre-trial decision-making in action--how evidence is weighed and assessed, evidential thresholds applied, how courtroom advocates marshal evidence and present their case, how trial judges manage cases and direct juries. What we see challenges us to reconsider everything we 'know' about rape myths, rape culture, and the criminal process. Advisory note: Episodes may include detailed accounts of sexual and physical violence drawn directly from witness testimony, police statements, and case files. Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.

  1. 1. Tariq's Trial part 1

    EPISODE 1

    1. Tariq's Trial part 1

    Want to know what the investigation and prosecution of rape and serious sex offences really looks like in the UK today? In this, the first of two introductory episodes taking us straight to the heart of criminal process, we're in a Crown Court somewhere in England & Wales watching a real-life rape trial; the kind of case heard up and down the country every day. Tariq* is charged with rape and false imprisonment. It's a case that, according to the mainstream narrative, has little chance of resulting in convictions: one person's word against another's; no forensic evidence; no injuries; delayed report; young, black complainant; a defendant claiming consent and that the allegation was prompted by regret and embarrassment on the complainant's part. Join me, Dr Candida Saunders, in the public gallery watch real proceedings in a real rape trial. Let's see for ourselves what really happens. *To protect the identity of complainants, and all other parties involved in the trial, proceedings are fully and meticulously anonymised. Topics covered in this episode: Prosecuting counsel's opening speech; vulnerable and intimidated witnesses under the Youth Justice and Criminal Evidence Act 1999 and the availability and use of special measures; cross-examination of a rape complainant; agreed evidence; admissibility of 999 call; evidence of recent complaint; agreed facts; evidence of the officer in the case and account of the accused's police interview. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 28m
  2. 2. Tariq's Trial part 2

    EPISODE 2

    2. Tariq's Trial part 2

    Want to know how the criminal justice system really works in cases of rape and serious sexual offences? Rape on Trial continues with the second of our two-part season opening. We're back in the public gallery of Crown Court for the final days of Tariq's trial for rape and false imprisonment in a case the conventional wisdom tells us shouldn't result in conviction: one person's word against another's; no forensic evidence; delayed report; young, black complainant; a defendant claiming consent; and an allegation the defence say is motivated by shame and regret. Will the jury's deliberations and assessment of the evidence be biased by rape myths and gender stereotypes? Or will the evidence satisfy the jury of Tariq's guilt? Topics covered in this episode: defendant's evidence-in-chief and cross-examination; judge's directions in a rape trial; closing speeches; the verdict; the reported impact of rape myths and stereotypes in jury deliberations. Rape on Trial is a must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 23m
  3. 3. Jerome's Trial part 1

    EPISODE 3

    3. Jerome's Trial part 1

    We’re repeatedly told that juries only convict in “real rape” cases with “ideal victims.” Episode 3 of Rape on Trial continues to challenges those assumptions. We're back in Crown Court for the trial of Jerome who stands accused of robbing five women and raping one. The complainants are all sex workers, and the conduct of the trial—and its outcome—raise important questions about the prominence and impact of rape myths and gender stereotypes in rape trials, and about how counsel and trial judges' courtroom practice and jury decision-making are portrayed in the mainstream and very public discourse about rape in the criminal process. Topics and key elements covered in this episode: the prosecution's opening speech; eyewitness identification evidence and the Turnbull direction; changes to the defence case; complainants' evidence-in-chief; special measures--complainant ABE video and use of screens; cross-examination of rape complainant (verbatim); cross-examination of robbery complainants; evidence of recent complaint. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 10m
  4. 4. Jerome's Trial part 2

    EPISODE 4

    4. Jerome's Trial part 2

    Episode 4 of Rape on Trial sees us back in court for the conclusion of Jerome’s trial for the robbery of five sex workers and rape of one; another case involving what the conventional wisdom tells us is the wrong kind of rape and the wrong kind of victim and shouldn't result in convictions. As in Tariq's case, this trial, and the jury’s verdict, raise difficult questions for mainstream accounts of rape in the criminal process, the impact of rape myths and gender stereotypes on victim credibility, courtroom advocacy and the conduct of cross-examination, and how the criminal justice system actually works in these cases. Topics and key elements covered in this episode: the remainder of the prosecution case; hearsay evidence; agreed statements; agreed evidence; evidence of first complaint; evidence of the defendant's bad character; the defence case; defendant's evidence-in-chief; cross-examination of the defendant charged with rape; adding charges to the indictment mid-trial; judge's directions; closing speeches; final directions; jury questions; verdict and thoughts on whether it reflects rape myths and stereotypes or evidence and proof. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 17m
  5. 5. Dean's Trial part 1

    EPISODE 5

    5. Dean's Trial part 1

    As Rape on Trial continues, we're back in the public gallery of the Crown Court for Dean’s trial. He is charged with numerous counts of violence against the person offences relating to two previous partners, Erica and Anya. He also stands accused of a single charge of rape and one of sexual assault perpetrated against Anya, his partner at the time. As in previous episodes, Dean’s trial involves another rape case the mainstream narrative tells us shouldn’t succeed: an allegation of intimate partner relationship rape with no forensic evidence, no CCTV, and no eyewitnesses. Topics and key elements covered in this episode: pre-trial change of plea; judge's opening directions; prosecuting counsel's opening speech; application to adduce evidence of the defendant's bad character under s101 Criminal Justice Act 2003; the use of special measures for vulnerable and intimidated witnesses; rape complainant's evidence-in-chief (ABE video); IT difficulties, belligerent defendants, and the implications for witnesses. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    55 min
  6. 6. Dean's Trial part 2

    EPISODE 6

    6. Dean's Trial part 2

    Episode 6 of Rape on Trial sees us back in Court 2 as Dean's rape trial continues. Dean stands accused of rape and sexual assault against Anya, his girlfriend/partner at the material time. We pick up where we left off in episode 5, with Anya about to undergo cross-examination. In contrast to the cross-examination of rape complainants in Tariq and Jerome's trials, Anya's experience in the witness box aligns more closely with what we might expect to see, given mainstream accounts of rape trials and the conduct of defence counsel. Topics and elements of the trial covered in this episode: cross-examination of the complainant; the evidence of the arresting officer; recalling the complainant; judge's interventions; dealing new lines of inquiry in the course of the trial; agreed statements; the testimony of the officer in the case (evidence-in-chief and cross-examination; discussion of the prosecution's bad character application and a pending defence submission. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 24m
  7. 7. Dean's Trial part 3

    EPISODE 7

    7. Dean's Trial part 3

    Episode 7 sees us back in Crown Court for the conclusion of Dean’s trial. The kind of case the mainstream says shouldn’t succeed: an intimate partner relationship rape; one person’s word against another’s; no corroborating evidence; no forensic evidence; no witnesses; and the toughest cross-examination of a rape complainant we have seen so far with Anya painted as the angry and vengeful ex-partner and accused of making false allegations both now and in the past. In short, according to the mainstream, this is the wrong kind of case and the wrong kind of victim. The conclusion of Dean's case marks a turning point in the season, raising questions about what the rape trials we have seen so far might reveal about rape myths, evidence and proof, courtroom advocacy, and attrition in the criminal justice process more broadly. Key topics and issues covered in this episode: bad character and need for fairness; defence submission of no case to answer (the Galbraith test) and judge directed acquittals; closing speeches and judge's directions; the verdict and post-verdict reflections. A must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 19m
  8. 8. Faruq's Trial part 1

    EPISODE 8

    8. Faruq's Trial part 1

    As Rape on Trial continues its examination of the investigation and prosecution of rape and serious sexual offences in the UK criminal justice system, we are back in Crown Court for our fourth rape trial. Faruq, a taxi driver, is charged with raping Emily, a lone, intoxicated student he picked up in the street after she had been thrown out of a nightclub and separated from her friends: another rape prosecution the mainstream tells us is unlikely to succeed because of rape myths. In this, the first of three episodes documenting real-life criminal proceedings in Faruq's trial, the prosecution's case gets underway. Topics and elements of the trial covered in this episode: prosecuting counsel's opening speech; special measures direction; the complainant's evidence in chief--her ABE video--and cross-examination; the rule in Browne v Dunn (1893) 6 R. 67, H.L.. Rape on Trial is a fly-on-wall documentary-style podcast for anyone interested in the real-life workings of the criminal process, criminal law and proceedings. It's been described elsewhere as 'think of 24 Hours in Police Custody but in your ears'. It is a must listen for those studying criminal law, criminal evidence and procedure, advocacy and trial strategy, criminal justice, and criminology as well as those interested in forensic linguistics and forensic psychology. As a detailed and comprehensive account of real court proceedings in a criminal trial in an adversarial, common law legal system, this is also an excellent resource for international students learning Legal English, the Language of Law, and comparative law. Legal English Learning Practice Legal English Comprehension Practice Legal English Vocabulary Applied Legal English Legal English in the courtroom The research behind Rape on Trial also features in our book: Doak et al, Cross-examination on Trial: Advocacy and Vulnerability in Criminal Trials (BUP 2025).  https://amzn.to/49oVqG2 This is an Amazon affiliate link which pays me a small commission.  If you or someone you know has been affected by any of the issues raised in this episode, please visit our website https://criminaljusticeinaction.com for information about help and support. Music: Hopeless Waltz by Alena Smirnova. Hosted on Acast. See acast.com/privacy for more information.

    1h 28m
See All Season 1 (19)

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About

What actually happens to rape cases in the criminal justice system in England & Wales? Presented by Dr Candida Saunders, a legal scholar specialising in criminal law, evidence, and procedure, Rape on Trial is a legally informed, criminal justice documentary podcast examining the investigation and prosecution of rape and serious sexual offences. Through a series of individual case studies drawing on real-life police and prosecution case-files and Crown Court trial observations, we see how criminal justice actually works in an adversarial legal system, and how it doesn't. By looking closely at each stage of the criminal process, at cases that both do and don’t result in prosecution and conviction, we see discretionary pre-trial decision-making in action--how evidence is weighed and assessed, evidential thresholds applied, how courtroom advocates marshal evidence and present their case, how trial judges manage cases and direct juries. What we see challenges us to reconsider everything we 'know' about rape myths, rape culture, and the criminal process. Advisory note: Episodes may include detailed accounts of sexual and physical violence drawn directly from witness testimony, police statements, and case files. Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.

Information

  • Creator
    Dr Candida Saunders
  • Episodes
    19
  • Seasons
    1
  • Rating
    Explicit
  • Copyright
    © Dr Candida Saunders, 2025-2026
  • Show Website
    Rape on Trial

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