Mitchell Institute Sabbatical Fellow 2024-25 Dr Eithne Dowds and colleagues Dr Elizabeth Agnew (Queen’s University Belfast), Dr Susan Leahy (University of Limerick), Dr Siobhan Weare (Lancaster University) hosted a 2 day conference on 19-20 June 2025 at Queen’s University Belfast dedicated to an in-depth multi-jurisdictional discussion of the ongoing complexities surrounding legal and policy reform in the area of sexual violence,

Contention surrounding investigating and prosecuting sexual violence is not new.  Academics, policy-makers and legal professionals have been debating best practice for decades.  Despite a breadth of research and advocacy noting the limitations of legislative frameworks and outlining procedural irregularities, there continues to be significant challenges in implementing effective procedural and policy reforms.  A diverse range of factors contribute to the complexity of investigating and prosecuting sexual violence, particularly when working within an adversarial criminal justice system. Within the court room, scholars and practitioners often refer to evidentiary difficulties such as establishing an absence of consent and a lack of reasonable belief in consent, both key ingredients needed to establish the actus reus and mens rea for many sexual offences.  This, coupled with an onus being placed on the complainant during the trial to establish a lack of consent, often against a backdrop of myths and stereotypes surrounding how sexual violence might occur, makes the trial process and the (in)effectiveness of special measures designed to support vulnerable witnesses, problematic. Further to this, the rights of the complainant and the accused are often viewed in opposition to one another, with the right to a fair trial a central consideration in any reform discussions.

In this respect, recent consultations and reviews conducted across a number of jurisdictions, including England and Wales, Scotland, Northern Ireland and the Republic of Ireland, have highlighted the complexity of prosecuting crimes of sexual violence and the further widespread reforms that may be required.  The purpose of this multi-jurisdictional conference was therefore to explore legal and policy responses to investigating and prosecuting sexual offences and what effective reform looks like, or should look like.

The conference brought together key scholars and practitioners who are pioneers and leading experts in the area, to share their expertise, discuss best practice and consider policy and procedural reform(s).

Plenaries were delivered by Her Honour Judge Patricia Smyth (Recorder of Belfast), Professor Julia Quilter (University of Wollongong Australia), Professor Clare McGlynn (University of Durham), Professor Vanessa Munro (University of Warwick) and Professor Penney Lewis (Criminal Law Commissioner, England and Wales).

On day one, Judge Patricia Smyth opened the conference with her plenary on the myriad of challenges the court has faced and continues to face when it comes to seeking justice for child victims of sexual violence. Judge Smyth closed her talk advocating for a more child-centred approach and the establishment of a Barnahus house, similar to other parts of the island. Professor Julia Quilter provided an international perspective and spoke to the prevailing and persistent existence of rape myths in the court room identified in her groundbreaking research involving an analysis of trial transcripts of adult sexual offence cases in New South Wales, noting that bolder legislative reform may need to be taken if we are to see real positive change in how sexual violence cases are prosecuted. 

The parallel panel sessions focused on defining sexual violence and consent, evidence rules and procedures, disclosure of certain types of evidence/material, young people and sexual violence, perspectives of jurors and victims and practical perspectives on sexual offence trials.

Day one also included a roundtable on the use of juries within sexual offence trials. Contributors included Dr Dominic Willmott (Loughborough University), Dr Siobhan Weare (Lancaster University), Professor Vanessa Munro (University of Warwick), Dr Rosie Cowan (QUB), Ms Janice Bunting (CEO, Victim Support Northern Ireland) and Mr Nigel Bloomer (Gillen Review Implementation Team, Department of Justice).  The strengths and limitations on the breadth of compelling scholarship using ‘mock juries’ was discussed.  A call for research with ‘real juries’ to enhance understanding and strengthen existing findings, was advocated for.

Day two of the conference was opened by Professor Clare McGlynn who spoke to her extensive research and advocacy in the area of technology-assisted sexual abuse.  Using two powerful case studies involving Sally Rees and Jodie, McGlynn explained that while positive legislative reforms have been made, the law is still reactive and does not capture the complexity of women’s experiences.  Professor Vanessa Munro concluded the morning plenary by talking about Operation Soteria, a pilot developed as a response to the on-going and growing concerns surrounding violence against women and girls.

The panel sessions on day two focused on technology-assisted sexual violence and support for victims within the criminal justice system.

The conference ended with a plenary by Professor Penney Lewis who spoke on the Law Commission of England and Wales project on Evidence in sexual offence prosecutions.  Professor Lewis gave an overview of the findings including concerns surrounding the access to complainants’ personal records and sexual behaviour evidence. 

The organisers are grateful to the Socio-Legal Studies Association (SLSA), the Senator George J. Mitchell Institute for Global Peace, Security and Justice, Queen’s University Belfast and the School of Law SWAN Committee, Queens University Belfast for funding this conference; to the Centre for Public Policy and Administration for supporting the conference; the School of Law, Queen’s University Belfast, particularly Mr Deaglan Coyle, Ms Susan Burton and Mr Richard Summerville, for significant administrative assistance; and to our student volunteers, Chloe Hanna, Niharika Salar and Diana Ortego Torres, for their invaluable support across the two days.

We would also like to extend a massive thank you to all our speakers, as well as those who attended the conference.  The event hugely benefited from input, both in terms of presentations and attendee contributions, from representatives from government departments, statutory agencies, voluntary and community organisations and academia. We are immensely grateful to everyone who gave up their time to support the event and provide their expertise.

A more detailed conference will be available in due course.

Dr Eithne Dowds

Dr Eithne Dowds is a Senior Lecturer in the School of Law and Sabbatical Fellow at the Senator George J. Mitchell Institute for Global Peace Security and Justice (2024-25) at Queen’s University Belfast.  Her research focuses on the legal construction of the crime of rape, with a particular focus on formulations of sexual consent, in international and domestic criminal law.  Her monograph, Feminist Engagement with International Criminal Law (Hart 2019) explored the relationship between consent and coercion as elements of the crime of rape.  More recently, her work has focused on the trend towards the adoption of affirmative notions of consent, as well as legal framings of the accused’s mindset in respect of consent.