A Comparative Study of Rape Trials in Adversarial and Inquisitorial Criminal Justice Systems

Abstract

Recent research has confirmed that giving evidence in criminal proceedings is often a degrading and gruelling ordeal for complainants in rape cases. This study seeks to establish the extent to which the secondary victimisation of rape complainants in court is an inevitable consequence of the adversarial trial process. It explores the conflict between the needs and interests of rape complainants and the basic assumptions of the adversarial fact-finding process and concludes that the adversarial system creates intractable problems for vulnerable complainants. This study questions whether our commitment to the adversarial process can and should continue given its onerous implications for victims of crime.

This study examines rape trials in the Netherlands, a country with an inquisitorial trial process. It identifies the fundamental differences between Dutch and English trial procedures and explores their significance for complainants in rape cases. This study seeks to establish whether inquisitorial style proceedings hold significant advantages for vulnerable complainants.