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Abigail Bobb-Semple

Abigail Bobb-Semple BA (Hons) Reg. MBACP is a qualified psychotherapist, who has just completed an MA in Counselling and Psychotherapy. In addition to working in private practice in Essex, she provides professional services to a local counselling agency, and a London-based organisation working with young people and their families.

In the following conversation with Dr. Molly Bellamy, Abigail talks from the perspective of ‘lived experience’; as a survivor of sexual abuse; as a psychotherapist working with victims of sexual assault; and as a former long-serving paralegal in the Crown Prosecution Service working with witnesses and complainants. Through these intersecting lenses Abigail evaluates why women resist taking rape claims to court, and so brings a different emphasis to the discussion we are having in The Jury is Out to that which claims jury bias is a principle reason for low rape convictions.

MB: You are familiar with the process a complainant goes through when bringing a claim of rape against someone from a professional perspective. Can you say something about that?

ABS: It can often be a very scary process, regardless of the allegation. I believe for the majority of complainants it would be an unfamiliar environment and one that they could find pretty daunting.

MB: What sort of thing in particular?

ABS: Emotionally, having to revisit and recount their story in detail and under pressure would be challenging. Physically and psychologically, even if they could not be seen by the defendant, just having awareness of their proximity in the court room, and knowing, okay, the accused is on the other side of the screen, could contribute towards them feeling pretty anxious. So just that whole thing! For the most vulnerable, including children, the CPS would make an application for the complainant to give their evidence from another room or building altogether and there would at least be an usher with them throughout the proceedings. Adults could be concerned about the process itself including the approach of the defence advocate, whose primary concern would be to secure acquittal of their client.

MB: How do complainants manage that level of intensity when they're giving evidence?

ABS: I've seen it vary over the years, complainants from different backgrounds. Some were quite stoic about it, straight-faced, speaking in a matter-of-fact way, and that was their method of coping in that setting. Some were timid, some angry, others were visibly shaken, upset, crying, needing regular breaks, sips of water etc. It was not easy to witness. Some felt as though they were having to defend themselves, as in, I have to prove that I'm telling the truth; is my past sexual history going to come into play? What will defence want to know about me or how will they try to discredit me? these are some of the fears.

MB: So the body language of the complainant may manifest in different ways and be interpreted in different ways by juries, perhaps mistakenly?

ABS: There's absolutely always that possibility, but it varies so greatly with each individual juror. Unconscious bias exists, people have preconceived ideas stemming from their own backgrounds, you know, so with me, for example, it could have taken the form of someone who has worked in the CPS for over 30 years, or as someone who is also a survivor of sexual violence, or as a woman, as a black person, or as someone who is aware of unconscious bias even,

MB: Yes, because you've got professional knowhow…

ABS: As well as a survivor's knowhow, as well as a perspective of a psychotherapist…

MB: I see your point, there is no such thing as value free experience …we bring our experience and our bias with us to court.

ABS: Yes, I believe so. So, the idea of replacing the jurors so as to avoid bias -I cannot say whether that would be the best option, I mean, could judges not have their own biases? Would 12 views not be fairer than one? Neither is ideal, but what is the solution? I mean, in the UK, generally Judges tend to come from -

MB: A predominantly white middle class background

ABS: Yes, not as varied as it could be.

MB: I think that's a good point.

ABS: As a survivor of child sexual abuse, over the years, sitting through Crown Court trials, I often found myself reflecting on how glad I was that I never had to give evidence at court. Honestly, I have never regretted not reporting the allegations and pursuing it within the Criminal Justice System. I can categorically say as a survivor, I had no misgivings in that regard. That may not be everyone’s story, but it is mine.

MB: And as a paralegal?

ABS: As a paralegal, I've attended literally hundreds of crown court cases, and I've observed witnesses and victims in these cases and seen the outcomes, the attrition rate, and I've often walked away with counsel and thought Wow! Did they hear what I heard? You know, when the jury came back with a not guilty verdict. Then, to imagine the witnesses and the complainants in that context, after they've experienced what they've experienced only to be told oh actually you’ve not been believed It’s a rough ride!

MB: Yes. And from a psychotherapist perspective?

ABS: There's such a thing as pre-trial therapy but one would have to be very, very careful indeed when it came to offering therapy to a complainant in a sexual assault case that is still pending. One would need to be mindful that their therapy notes could be asked for by the court, and of course, confidentiality would be key in that regard. The defendant’s representatives would wish to know if there was anything in the notes that could undermine the prosecution’s case, or support the defendant’s case, for example, could the therapist have “coached” the complainant in certain areas? Or were there any discrepancies between what was said in the counselling sessions versus what she, he or they said in court? It is hard, because often the thing that's troubling a client the most is the very thing that they can't speak about.

MB: Do you think a jury free trial may be less exposing for complainants?

ABS: Not necessarily. Presumably they would still have to tell their story in open court. Having no jury, though, would it be for the purpose of getting conviction rate figures up, reducing a backlog or supporting complainants better? If I look at it from within the criminal justice system a defendant might say I have not had an opportunity for 12 people who are not connected to this whole system to say whether they think I did or didn't do what is alleged.

MB: Of course. Any shifts you have observed as a professional?

ABS: Maybe the tide is changing slowly in the way of ‘me too’, perhaps, people beginning to speaking out a bit more freely, saying, Yes, I, too experienced that. From my perspective, there is more of a voice now than there used to be. I mean, when I joined the CPS at its inception, for example rape within marriage was not even a criminal offence. Victims had to ‘put up and shut up’, as it were, so when I say the tide is changing, I mean more so in that regard.

MB: So do you feel the ‘Me Too’ movement is a touchstone for change.

ABS: I'd say, I'm hoping more than feeling. It is hard to say. There are still many who will say nothing, and there are a whole host of reasons for that.

MB: What kind of thing?

ABS: Fears that they won’t be believed, and questioning, did it really happen?, and was I complicit in it? Shame, fear of reprisals, cultural influences can also prevent one from speaking about it. Childhood experiences can leave someone impacted emotionally, psychologically, and physiologically even, as if frozen in time. Years later, as an adult now free to speak, they can struggle to do so. For some it is not straightforward to process their traumas. Some clients will come to therapy in search of a safe confidential space to begin to work through and come to terms with their experiences. Some wish to reconcile who they actually are with who they were programmed to believe they were. In my experience, there is more of an openness and willingness to seek therapeutic help now than there used to be.

MB: You mentioned earlier the question of approach, of judges who generally come from a white middle class back ground, as a cultural matter - is that in and of itself a concern?

ABS: I think it is. How do we begin to change that? I mean, is it through recruitment and training, like the strategies going on in universities now?

MB: That’s right, you are referring to the affirmative action strategies that recognize race in admissions procedures in university.1

ABS: Or is it going back to British culture and foundational education? One’s schooling can make all the difference. Attending a British public school for example could stand you in good stead. You see what I mean? A legal professional coming from a marginalized group could still find forging their career in the UK, in whatever capacity, a burdensome exercise. They could feel as though the system itself were against them, and so could a defendant. A complainant at court could also struggle, thinking, I don't want to tell these people in this courtroom what happened to me, I'm feeling ashamed as it is.

There are so many layers to it…

MB:Of course, that’s difficult to name…

ABS: It is like standing in front of an invisible a wall and if you put your head above the parapet, to say, actually this exists, this is my truth, it's like it can fall on deaf ears, and your truth doesn't exist. You know? It is assumed that you have as much opportunity as anyone and everyone else – but that is not always my understanding. When, for example, someone from a marginalized group finds themselves in a place of prominence, they can face all types of obstacles not easily discerned by the majority. Why am I putting myself through this on a day-to-day basis? The performance in forever having to prove that they have a right to be in the room can be exhausting, and it’s not easy to articulate.

This is the reality for some people.

MB: I can relate to it. You mentioned earlier a sense in which you feel that there are certain cultural and systemic barriers to progress - it sounds as though change is happening at a surface rather than a structural level… does that feel like a kind of tokenism?

ABS: I am aware that some certainly can and do experience it as tokenism as in she ticks the box, she’s in the room now. Job done; our obligation has been fulfilled. We acknowledge that not everyone wishes to truly embrace change, some are happy with the status quo…. still got a long way to go.

MB: So it's slow progress in your experience?

ABS: It’s not easily measured - over the past 30 years, things haven’t developed as progressively as I personally would have like to have seen. For many, it’s still a very rough ride!