Prosecuting and Defending Rape: Perspectives From the Bar

Abstract

This article discusses the findings of a qualitative study (part of a larger study into rape and criminal justice) which involved in‐depth interviews with a sample of ten highly experienced barristers who between them had prosecuted and defended in hundreds of rape trials. It is concerned with the barristers' perceptions of the problems involved in prosecuting rape and the strategies deployed in defending rape cases. The article discusses the ethics of advocacy in the context of rape trials and argues that within the adversarial system there are ethical limits which should be observed.