Challenging the role of good character evidence in rape trials: monsters, myths and mitigation

This paper explores rape reform in the context of the 2019 Gillen Review in Northern Ireland. While the challenges presented by rape myths featured heavily in the review, the relationship between rape myths and character evidence was not considered. In addressing this gap, this paper argues that the admission of good character evidence on behalf of the accused contributes to a hierarchy of rape, with violent rape by ‘monsters’ at the top and ‘mistakes’ by ‘good guys’ at the bottom. In doing so, the paper furthers important conversations on character evidence in scholarship on evidence and proof, as well as the critical feminist literature on rape. Further to this, in considering reform options the paper makes a practical contribution by arguing that, while reform to the admission of good character evidence during trial should be treated with caution, such evidence should be formally removed as a mitigating factor during sentencing.