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 True Crime podcast with a difference. It's 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 those cases and direct juries.
What we see challenges us to reconsider everything we 'know' about rape myths, rape culture, and the criminal justice system's response.
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 (https://acast.com/privacy) for more information.
Publisher
Dr Candida Saunders
Category
society & culture · society & culture · true crime
The second and final part of Reece's trial for possession of a bladed article in a public place, contrary to s139 of the Criminal Justice Act 1988.
Another case described as being simply a question of who you believe. And another wholly unsurprising verdict.
Rape on Trial is a fly-on-the-wall style documentary podcast giving listeners a unique and detailed insight into the real life workings of the criminal process in England and Wales. Through a series of in-depth case studies drawing on case files and real (but anonymised) trial observations, we see for ourselves how the criminal justice system really works in cases of rape and serious sexual offences--and how it doesn't.
Topics covered in this episode: cross examination of the defendant; evidence of a non-defendant witness's bad character; what happens when a defendant's failure to mention is disputed; reverse burdens and reverse onus clauses in criminal offences; closing speeches; judge's directions; the decision to prosecute; credibility and inconsistencies.
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 (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 (https://acast.com/privacy) for more information.
15 Sept 2026
26. Reece's Trial part 1
Another Crown Court, another defendant on trial for a non-sexual offence. And yet, the prosecution tell us, the central issue in the case is whose account of events we believe: the prosecution's key witness? Or the defendant?
Rape on Trial is a fly-on-the-wall style documentary podcast giving listeners a unique and detailed insight into the real life workings of the criminal process in England and Wales. Through a series of in-depth case studies drawing on case files and real (but anonymised) trial observations, we see for ourselves how the criminal justice system really works in cases of rape and serious sexual offences--and how it doesn't.
Topics covered in this episode: opening speeches; defence case statements; trial strategy around (unhelpful) witness; optimising the defendant's good character; bad character of a non-defendant witness; disputed failure to mention; robust cross examination; adequacy of the police investigation.
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 (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 (https://acast.com/privacy) for more information.
28 Aug 2026
25. Dawn's Trial part 3
It's the final day of Dawn's burglary trial. Will the jury convict or acquit? Based on the evidence they've heard, will they find her guilty or not guilty?
And what does the verdict tell us about evidence and proof in the criminal process?
Rape on Trial is a fly-on-the-wall style documentary podcast giving listeners a unique and detailed insight into the real life workings of the criminal process, criminal law and criminal proceedings in England and Wales. Through a series of in-depth case studies drawing on case files and real (but anonymised) trial proceedings, we see for ourselves how the criminal justice system really works in cases of rape and serious sexual offences--and how it doesn't.
Topics covered in this episode: split directions; closing speeches; route to verdict; failure to mention directions; biometrics retention rules; admissibility of evidence of the bad character of the defendant; the decision to prosecute under the full code test in the Code for Crown Prosecutors; what verdicts tell us about jurors' reasoning and deliberations (hint: nothing!).
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 (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 (https://acast.com/privacy) for more information.
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