© 2007 The Author. Journal Compilation © 2007 The Society of Legal Scholars. Published by Blackwell Publishing, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA Legal Studies, Vol. 27 No. 2, June 2007, pp. 171–187 Witness preparation and the prosecution of rape Louise Ellison* School of Law, University of Leeds In England and Wales, rape complainants currently receive little by way of pre-trial support and preparation. This stands in sharp contrast to prosecutorial practice in the USA where prosecutors meet with complainants prior to trial with the specific aim of preparing them for the unfamiliar process of testifying in criminal proceedings. This paper considers the case for adopting similar arrangements in rape cases in England and Wales. This is assessed primarily from an evidentiary perspective although due consideration is also given to the need to protect vulnerable complainants from the risk of secondary victimisation within the criminal trial process. INTRODUCTION Giving evidence in criminal proceedings is a source of significant emotional stress for most witnesses. For victims of rape, the experience of testifying can be traumatic and is commonly characterised as a ‘revictimisation’ or ‘second assault’. 1 In England and Wales, the government has sought to ameliorate this situation in recent years through increased procedural support for rape complainants in court. The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a raft of special mea- sures provisions for vulnerable and intimidated witnesses, including victims of sexual violence. These measures, which range from giving evidence in chief by way of video to the use of screens, are designed to reduce the stress of testifying and thereby assist eligible witnesses to give their best evidence. The same legislation contains provisions designed to offer complainants in sexual offence cases better protection against unnecessary cross-examination on their sexual behaviour. 2 Building upon these initi- atives, the Home Office published a consultation paper in March 2006 that sets out further proposals which aim to improve the outcome of rape cases ‘through further strengthening the existing legal framework and improving . . . care for victims’. 3 They include a proposal to permit general expert evidence in rape cases to explain the diverse, often complex, behaviours exhibited by complainants and a proposal to amend the YJCEA to make video-recorded statements by adult complainants in serious sexual offences automatically admissible as evidence in chief. * I would like to thank Bond Solon for kindly allowing me to attend a witness familiari- sation training session. 1. S Lees ‘Judicial rape’ (1993) 16 Women’s Studies International Forum 26; L Madigan and N Gamble The Second Rape (Toronto: Lexington Books, 1991). 2. Section 41. 3. Home Office Convicting Rapists and Protecting Victims – Justice for Victims of Rape (London: Home Office, 2006) p 4.