Special measures in rape trials: Exploring the impact of screens, ;live links and video-recorded evidence on mock juror deliberations

In England and Wales, adult rape complainants appearing in court may be afforded special measures protection in the form of screens, live links and the use of video recorded testimony. These arrangements are designed to reduce the stress of testifying but critics have worried that they may have an undue influence on juror decision making.
Defence lawyers have expressed concern that the use of special measures may prejudice the defence by suggesting to the jury that the complainant needs protection from the defendant.
Others have voiced fears that the effect of video-mediated testimony, in particular, may be diminished relative to evidence delivered 'live and in the flesh', leading jurors to view complainants who take advantage of these measures less positively.
Against this backdrop, the aim of this research is to empirically examine the influence of the use of special measures by adult rape complainants on mock juror deliberation.
In a context in which the Contempt of Court Act prohibits the conduct of research with 'real' jurors, this project will undertake a series of rape trial reconstructions. Four mini-trials will be observed by an audience of mock jurors who will then conduct deliberations which will be recorded and analysed.

在英格兰及威尔士地区，出庭的成年强奸案控诉人可获得特殊措施保护，具体形式包括遮蔽屏、远程连线及录制视频证词。此类设置旨在减轻作证压力，但有批评者担忧其可能对陪审员的决策产生不当影响。辩护律师则担忧，特殊措施的使用可能向陪审团传递“控诉人需要免受被告人侵害”的信号，从而损害辩护方的诉讼利益。另有声音担忧，尤其是视频作证相较于当庭现场举证，其证据效力可能被削弱，进而导致陪审员对使用此类措施的控诉人产生负面评价。在此背景下，本研究旨在通过实证方法，探究成年强奸案控诉人使用特殊措施对模拟陪审员评议过程的影响。鉴于《藐视法庭法》禁止针对“真实”陪审员开展研究，本项目将开展一系列强奸案庭审复刻实验。实验将设置四场微型庭审，由模拟陪审员群体旁听，随后陪审员将进行评议，整个评议过程将被录制并加以分析。