Dicing With Justice - A Student's Perspective
*This blog was written as a final year undergraduate student in early 2019.*
As a Law and Criminology student, the thought of being subjected to the inherently punitive and invasive procedure of prosecuting criminal charges in the criminal justice system in England and Wales is frankly terrifying. One can only wonder what Criminology undergraduate, Liam Allan, suffered when he came face-to-face with thirteen counts of rape against him of which he knew he was innocent. Nonetheless, Liam spent over two years on bail, living in fear that our justice system would condemn him for crimes he did not commit. The punishment applicable for such a crime amounts to up to twelve years in custody and a life on the Sex Offenders Register. Thankfully, Liam’s case collapsed at trial, as it materialised that police in charge of Liam’s case had withheld over 60,000 texts which undermined the entire case by establishing Liam’s innocence.
At UWE, our students are fortunate enough to enjoy membership of the UWE Bristol Centre for Applied Legal Research, in which numerous events regarding criminal justice matters are held, including a guest talk with Danielle Bates and Gavin Dingwall on ‘Reconsidering the Process of Release: Evidence, Accountability, and Parole Decision-Making’ and a guest talk with Daniela Nadj on ‘Women, Wartime Sexual Violence and the Interpretation of Gender in the Contemporary International Criminal Trial.’ When the opportunity arose to hear the young man whose case I’d been taught about over the last two years tell his story, I could not have applied for a seat quickly enough. We were also fortunate to have the likes of Jerry Hayes, the prosecution barrister for Liam’s trial, and Anthony Edwards, a practising solicitor for over forty-five years, present and able to provide us with some insight into perspectives of criminal justice professionals of miscarriages of justice.
The bravery that Liam showcased whilst providing an insight into the trauma he experienced as a result of his miscarriage of justice was nothing short of admirable. I have recently written a report on the prevalence of false allegations of rape for the Legal Research Report for Somerset & Avon Rape and Sexual Abuse Support, and as such I felt honoured that I was able to witness such a detailed account of his personal experience of a serious miscarriage of justice. To my understanding following research, false allegations of rape are incredibly rare, making up around 8-10% of reported cases of rape. [1] I was surprised to discover, however, that ‘false allegations’ may also include mere suspicion (with an absence of a direct allegation), conflictions of evidence, third party accusations, and social allegations (i.e. rumours).[2] This appears to conflict with the general consensus that a ‘false allegation’ is a malicious lie intended to cause damage to the alleged. Nonetheless, the criminal justice system appears to serve to protect the false accuser over the falsely accused, particularly as the CPS acknowledge the ‘complex nature’ of those who falsely accuse,[3] as they may suffer from a mental illness or are ‘utilising an event they believe will yield the strongest response from others.’[4] This is argued to have heightened the limited number of prosecutions against those who falsely accuse another of a sexual offence. While I agree that vulnerable complaints should be protected, this fundamentally serves as an injustice to the accused and undermines the right of innocent until proven guilty.
Following this research, I felt particularly outraged at the huge miscarriage of justice that Liam had suffered. Why is so society so vindictive to those accused of rape? As a student, I regularly study such cases in depth, but to have Liam stood in front of us, sharing his mistreatment of the justice system and how it impacted his life, was an absolute honour. The courage displayed by Liam will stay with me for ever. I am in awe of Liam’s determination to not let what appeared as a malevolent agenda from the police ruin his life, particularly his education, as he is now a Criminology and Criminology Psychology graduate. Liam has been able to take his experience and turn it into something positive by co-founding the Innovation of Justice organisation which aims to influence necessary changes which seek to prevent miscarriages of justice whilst raises awareness of their existence. I hope that Liam is able to find peace with his experience and can continue to inspire others with his bravery, understanding and ambition to promote positive change.
[1] Ministry of Justice, ‘Providing Anonymity to Those Accused of Rape: An Assessment of Evidence’ (MOJ, 2010) 21.
[2] Burton M, ‘How Different are “False” Allegations of Rape from False Complaints of GBH?’ [2013] CrimLR 203, 203.
[3] Levitt A, QC and CPS Equality and Diversity Unit, Charging Perverting the Course of Justice and Wasting Police Time in Cases Involving Allegedly False Rape and Domestic Violence Allegations (Director of Public Prosecutions: London, 2013) para. 61.
[4] McNamara J et al., ‘Characteristics of False Allegation Adult Crimes’ [2012] 57 Journal of Forensic Sciences 643, 643.
