Opinion

Allison Morris: I have two daughters and would not encourage them to go through retraumatising rape trial

If your daughter, sister, mother or friend told you they were raped or sexually assaulted would you encourage them to report it?

It would be the responsible thing to do wouldn’t it, report to police and then give evidence in a trial?

However, had you followed the trial of four men linked to Ulster rugby would you still encourage them?

Because I have two daughters and it shames me to admit that while I would support them I would never encourage them to put themselves through such a horrendously retraumatising process, one that will strip them of their dignity and self worth and expose the most intimate details of their lives to public scrutiny.

That the jury in what became known as the ‘rugby rape trial’ came back yesterday with a not guilty verdict was inevitable in the circumstances.

We have a justice system based on guilt having to be proved beyond reasonable doubt and in this case the accusation of rape came down to consent which is notoriously difficult to prove.

The trial was unusual given the public profile of those concerned and the media interest in the case.

It was also notable for the huge public and social media interest, probably the first time such a case in Ireland has been played out in such a way.

I was appalled at some of the commentary in respect of a jury trial.

The amount of self appointed legal experts who felt the need to voice opinion on social media throughout the trial was unhelpful in the extreme.

The way such cases are reported needs to be reviewed as a priority.

In the Republic the public are banned from the gallery during rape or serious sexual abuse cases.

Journalists, who must abide by a strict code of court reporting, are not and that allows justice to be done and seen to be done.

What it also stops is the type of voyeurism that should shame all those who viewed a sensitive case involving graphic details of sexual activity as a form of entertainment.

The law south of the border also means no one, either accused or complainant, is named during the trial.

Had this been the case in the rugby trial it would have prevented it being turned into the three ring circus that it became.

There also needs to be changes to allow anyone who reports rape to be better supported throughout the process.

The alleged victim in any criminal case becomes a witness for the prosecution meaning they have no legal representation.

Unlike the accused who are supported by their defence team, there is no such support for the woman.

There are no character witnesses to say what a nice person she is, just intense scrutiny on her clothing, alcohol consumption and demeanour.

It is a cold and unkind system which is far from victim friendly.

The public attention on this case caused many to think the defence questioning was in some way unusual.

It wasn’t, I’ve sat through many rape and abuse cases and believe me when I say they are intrusive and unpleasant and nothing that is said in court would encourage any woman to put their faith in such a system.

Clothing, including underwear is often presented as evidence, questions are often distasteful and humiliating for the witness.

The only difference in this case was that every word said was posted online.

What also must be reflected on after this case - and what it did single out - was young men’s attitudes to young women.

It was disturbing to hear the sexist and misogynistic language used in WhatsApp messages, of speaking about women like they were pieces of meat, to be used for their gratification and cast aside afterwards.

The messages read out in court painted a bleak picture of toxic masculinity.

Male privilege exposed for all to see in circumstances which most certainly did not produce gentlemen.

I have been angered and depressed by the last nine weeks.

There are no winners. I hope the young woman who gave evidence can rebuild her life, she should feel no shame, she spoke her truth.

The young men with their unsavoury views of women are now free to continue with their lives.

If one positive comes from this horrendous episode maybe they’ll live the rest of it with a bit more class than they did previously.

Read more:

  • Paddy Jackson and Stuart Olding found not guilty of rape
  • Allison Morris: There were even giggles in the public gallery as graphic details of alleged rape were read out (Premium)
  • Alleged victim's name was posted on comments section of an online news site
  • Relatives clasped each others' hands and openly wept as verdicts delivered
  • Victims' support group calls for review into how trials are conducted
  • One of the most expensive rape trials in UK judicial history
  • 'I Believe Her' rallies planned across Ireland
  • Ireland rugby captain Rory Best's decision to attend court on day two of the rape trial provoked a storm of criticism
  • About the rugby rape trial judge Patricia Smyth
  • PSNI says woman at centre of trial 'upset and disappointed' at verdict
  • Paddy Jackson's lawyers say status as famous sportsman 'drove the decision to prosecute'
  • Paddy Jackson's lawyers call for crackdown on 'vile' social media commentary during criminal proceedings
  • Paddy Jackson and Stuart Olding 'will continue to be relieved of all duties' as review takes place
  • Stuart Olding faces major battle to return to pinnacle of his sport
  • Paddy Jackson had unwavering support from his parents
  • Stuart Olding: I deeply regret events of that evening... I am sorry for the hurt caused to the complainant
  • Blane McIlroy admitted being prone to exaggeration
  • Rory Harrison had been working in Australia before he flew home to stand trial
  • Video: Paddy Jackson thanks judge and jury for fair trial
  • Public Prosecution Service: 'Ultimately right' rugby rape case was brought to trial