#Judicial consent sex scene trial
It contained a raft of measures to protect “vulnerable witnesses” from the more daunting aspects of the trial process, such as having to look at the accused while giving evidence. In 1999 the Youth Justice and Criminal Evidence Act was introduced in the UK. These were all important questions but for the jury, it boiled down to just one: “Who do you believe?” The complainant Was the woman “staring” at Jackson during the night? Did she follow him upstairs or did he follow her? What exactly did one of other party guests see when they opened the door to Jackson’s bedroom? And what did Jackson and Olding mean when they boasted about “spit-roasting” the next day? Of course, there were other pieces of evidence, many of them disputed, to assist the jury. There was DNA, mobile phone data and even witness statements, but none clearly pointed towards either guilt or innocence and all were adapted by both sides to help prove their cases. Like most rape trials, this case was about the word of a woman against that of a man – in this case four men. This means forensic evidence which, thanks to television shows like CSI, is seen by many as a magic tool for catching criminals is often of little use.
And many alleged rapes involve little evidence of physical violence such as black eyes or defensive scratch marks.Īs Northern Ireland’s most experienced medical examiner, Dr Janet Hall told the trial the “overwhelming” evidence is that most victims of rape do not fight back. To convict a rapist they must determine first that the victim did not consent and second that the attackers knew she did not consent. Therefore jurors are faced with the daunting task of determining what was going on inside the minds of those involved. Most often rape is not a “whodoneit” but a “whathappened” the majority of rape accused accept they had sex with the complainant but contend it was consensual. Complex chargeĪt first glance, rape, even gang rape, appears to be a very simple crime to consider, amounting to two factors – did penetration occur and was it forced. And perhaps, most significantly, the trial came at a time when issues of consent and male entitlement are being discussed around dinner tables everywhere. The evidence in the case, particularly the bawdy and derogatory texts exchanged between the men (“pumped a bird with Jacko last night, roasted her”), gave an insight into the laddish world of male rugby culture. However, under UK law defendants can be named from the point of charge.īut there were also other factors which contributed to the massive public interest. If the trial was in the Republic they could not have been named. The men’s celebrity status is the most obvious factor – Jackson and Olding both play rugby for Ireland and Ulster, with Jackson seen as having a bright future in the national squad. There’s no one reason why the trial gripped people’s attention. On many days during the nine-week trial of Paddy Jackson, Stuart Olding, Blane McIlroy and Rory Harrison, there was a queue for those seats.
#Judicial consent sex scene tv
And journalists were warned they must not identify members of the PSNI’s Rape Crime Unit giving evidence in the case, despite their duties having little to do with paramilitary activity.īut Court 12, which has a public gallery that seats 100, is also the largest court in Northern Ireland and so was always going to be used for this trial a trial which, in terms of public interest at least, has been one of the largest in the country for many years.Īt one stage a TV producer noted, almost resentfully, that other big cases he’s attended, such as the Northern Bank robbery trial and the double-murder trial of dentist Colin Howell, would see, at most, half the seats in the gallery occupied.īlane McIlroy leaves Laganside court after he was found not guilty. The accused were patted down for weapons before they took their seats every morning.
The large room has no windows, save for some thin skylights set into a recess.
Other vestiges of the violent past could be spotted if you look closely. It was ideally suited to the 2011 trial of 14 suspected loyalist paramilitaries on a litany of charges in the so-called “Supergrass trial”. With 21 seats, including one for a security officer, it is more suited for the types of cases which used to be much more common in Northern Ireland – mass trials of paramilitary members. The large dock in Court 12 at Laganside is not designed for this type of trial.
#Judicial consent sex scene full
After 42 days, 30 witnesses, two snow storms, one Six Nations and three hours and 40 minutes of jury deliberations, the accused were acquitted on all counts. The following is a full account of what happened in the court room during this time.
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