Summing up in rape trials: The challenge of guiding effectively and without prejudice

The existence of rape myths in the social consciousness and their potential to affect juror deliberations in rape trials is well documented. Thus, it is increasingly likely that trial judges will wish to seek to counteract the negative effects of these myths when directing the jury in rape trials. For trial judges who wish to do this, there is a real challenge in seeking to educate jurors whilst at the same time providing a balanced direction. This article addresses ways in which Irish trial judges may be assisted so as to enable them to warn the jury of the erroneous nature of prevailing stereotypes about sexual offences without unfairly prejudicing the defendant's case.