New video and leaflet support survivors of rape and sexual assault in giving evidence
Dr Natalie Kyneswood has developed an accessible video and related leaflet for adult victim-survivors about giving evidence to the police and at court, including ‘special measures’ available to support them. This ESRC funded work was undertaken while Natalie was a Post-doctoral Fellow at the Centre for Socio-Legal Studies, Oxford.
Special measures were introduced under the Youth Justice and Criminal Evidence Act (YJCEA) 1999 to help “vulnerable” and “intimidated” witnesses testify in criminal proceedings. This includes screening the witness box, using a live-link to give evidence from outside the courtroom, and pre-recording the cross-examination.
Dr Kyneswood created these resources because her research shows that adult victim-survivors lack timely, impartial and detailed information about the range of safeguards available to help them give their best evidence, including pre-recorded cross-examination. In her words:
The video and leaflet have been designed with input from key stakeholders to help victim-survivors make more informed decisions about where, when and how they give their evidence. Crucially, these resources address some of the main concerns and questions victim-survivors have about using special measures by demonstrating how they work in the context of the courtroom. - Dr Natalie Kyneswood
The video and leaflet will be publicly available for victim-survivors to view or download directly via the project website. However, the resources have also been produced as an aid for frontline services who work with victim-survivors to help guide special measures conversations, including the police, Independent Sexual Violence Advisors (ISVAs), the Witness Service and the legal profession.
Over 2000 hard copy leaflets have so far been provided to sexual violence training, support and safeguarding organisations in England and Wales, including Rape Crisis centres, Sexual Assault Referral Centres, Victim Support, and LimeCulture. These organisation were also consulted on earlier drafts of the resources:
Empowering victims and survivors in the criminal justice process is crucial, and providing accessible resources is a great way to support them to understand what is available for them. Integrating these vital resources into our LimeCulture ISVA training will help to ensure that professionals are well-equipped to provide advice about what options are available to their clients. - Maria Pultz, Head of Training, LimeCulture
Knowing what to expect helps witnesses to mentally prepare, easing stress and anxiety and enabling them to give their best evidence. This guide will be an invaluable resource both for those giving evidence and for the services supporting witnesses through the criminal justice system. - Caroline Birkett, Head of Service, Victim Support
The final version of the video will be screened at an online launch event hosted by the University of Oxford on the 7 November 2024 at 12:45pm. HHJ David Aubrey KC (formerly the Lead Judge for s. 28/pre-recorded cross-examination) will speak at the event and Dr Natalie Kyneswood will discuss the process of making the video. Register here for the event.
The video will be uploaded to the project website and publicly accessible soon after the launch event.
The leaflet accompanying the video is available to view online or to download now from the project website by visiting: www.law.ox.ac.uk/which-special-measure-video-and-leaflet.
- Dr Natalie Kyneswood is a Postdoctoral Associate at the Centre for Socio-Legal Studies, University of Oxford. The video and leaflet draw on Natalie’s ESRC funded research investigating the piloting and roll-out of pre-recorded cross-examination for adult “intimidated” witnesses in sex offence cases under s. 28 of the YJCEA 1999.
- Natalie has also written a policy briefing on s. 28 and submitted written evidence to the House of Commons Justice Committee’s Inquiry into the Use of Pre-recorded Cross-examination under Section 28 of the Youth Justice and Criminal Evidence Act 1999.