James Colton - Justice Online

English Justice is Injustice

Nemo tenetur prodere seipsum

(‘no one is obliged to accuse himself)

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email: jamescolton1943@hotmail.com




What we Know!

  • The trial judge will give a warning to the jury on the (alleged) effects a woman will display when raped (i.e. Trauma).
  • The defendant is able to confirm the juries belief that the woman would fight back.
  • The defendant is able to show that the complainant had no symptoms of trauma.

  The University of Nottingham homepageJurors fail to understand rape victims

In reality, many rape victims offer no physical resistance, many suffer no injury, many delay reporting rapes for significant periods and many react to rape by exhibiting extreme calm — often as a strategy to help them cope. The research shows that each of these reactions, in challenging the assumptions of jurors, can work against rape complainants when they appear in court — and may be one factor which contributes to the low conviction rate of 6.5 per cent in reported rape cases.

In face of the facts (physiology) Universities are trying to convince the public that fantasy outweighs realism. Very strange!

Trauma occurs after the initial ‘Fight or Flight’ response.

Trauma is an emotional response to a terrible event like an accident, rape or natural disaster. Immediately after the event, shock and denial are typical. Longer term reactions include unpredictable emotions, flashbacks, strained relationships and even physical symptoms like headaches or nausea.


Many women who claim rape or sexual assault, suffer none of the effects as stated  below. Womens groups claim rape and other sex offences are a special category in the effects of trauma. It is also a fact that many of these women who cry rape do not report the attack until years later. Suffering no symptoms of trauma at all between the claimed attack until they report the alleged attack. When suddenly they experience trauma.


Trauma is an emotional response to a terrible event like an accident, rape or natural disaster. Immediately after the event, shock and denial are typical. Longer term reactions include unpredictable emotions, flashbacks, strained relationships and even physical symptoms like headaches or nausea.

Trauma and Shock - American Psychological Association www.apa.org/topics/trauma/

What are common reactions and responses to disaster? http://www.apa.org/helpcenter/recovering-disasters.aspx

Following disaster, people frequently feel stunned, disoriented or unable to integrate distressing information. Once these initial reactions subside, people can experience a variety of thoughts and behaviors. Common responses can be:

    Intense or unpredictable feelings. You may be anxious, nervous, overwhelmed or grief-stricken. You may also feel more irritable or moody than usual.

    Changes to thoughts and behavior patterns. You might have repeated and vivid memories of the event. These memories may occur for no apparent reason and may lead to physical reactions such as rapid heartbeat or sweating. It may be difficult to concentrate or make decisions. Sleep and eating patterns also can be disrupted — some people may overeat and oversleep, while others experience a loss of sleep and loss of appetite.

    Sensitivity to environmental factors. Sirens, loud noises, burning smells or other environmental sensations may stimulate memories of the disaster creating heightened anxiety. These “triggers” may be accompanied by fears that the stressful event will be repeated.

    Strained interpersonal relationships. Increased conflict, such as more frequent disagreements with family members and coworkers, can occur. You might also become withdrawn, isolated or disengaged from your usual social activities.Stress-related physical symptoms. Headaches, nausea and chest pain may occur and could require medical attention. Preexisting medical conditions could be affected by disaster-related stress.

Rumney, P. (2006) False allegations of rape. The Cambridge Law Journal, 65 (1). 125 -158. ISSN 1469-2139

A. False Allegations of Rape in Law and Its Enforcement Click to open

  • See, e.g. R. v. Henry and Manning (1968) 53 Cr. App. R. 150, 153; R. Heath, "Jail for woman who claimed rape ordeal" Sheffield Star June 10, 2004 (trial judge quoted as stating "... it is easy to make a false allegation of rape", at 9).
  • At an Old Bailey rape trial in 1993 Smedley J. stated: "Experience has shown that people who allege sexual offences, whether women, men, boys or girls for some reason or no reason at all tell false stories ... Allegations. are relatively easy to make and are difficult for a man to refute", quoted by S. Lees,
  • "Unreasonable Doubt: the Outcomes of Rape Trials", in M. Hester et al. (eds.), Women, Violence and Male Power (Buckingham 1996), 110; A. Pitts, "Difficulties Experienced in Legal Practice" (1996) 36 Med. Sci. Law 140, 145. For numerous examples from the United States,
  • see. Taylor, above note 4, 74-81. Id. In Goodwin (1989) 11 Cr. App. R. (S.) 194, 196 the Court of Appeal considered a sentencing appeal involving a woman who had been imprisoned for three years for perverting the course of justice, having made a false allegation of rape. In upholding the trial judge's sentence Lord Lane C.J. stated: "As everyone knows rape is an easy allegation to make and may be very difficult to refute." J. Temkin, Rape and the Legal Process, 2nd ed. (Oxford 2002)
    7, note 43.

150 R. v Neville Benson Henry
R. v Jeffrey Patrick Manning Court of Appeal (Criminal Division)
9 December 1968
(1969) 53 Cr. App. R. 150
Lord Justice Salmon, Lord Justice Fenton Atkinson and Mr. Justice Milmo
1968 Dec. 9


On a charge of a sexual offence against a woman or girl, the judge should direct the jury in dear and simple language that it is dangerous to convict on the uncorroborated evidence of the complainant, because human experience in the courts has shown that women and girls, for all sorts of reasons and sometimes for no reason at all, tell a false story which is very easy to fabricate, but extremely difficult to refute. Download document Click

Sir Matthew Hale’s seventeenth century opinion that rape ‘‘is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent’’,4

The above cases are in COMMON LAW so why do judges refuse to allow them in their courts?


Acierno R, Resnick H, Kilpatrick D (1999) Risk factors for rape, physical assault and post-traumatic stress disorder in women. Journal of Anxiety Disorders 13(6): 541–563.

The National Women's Study, a 2-year, three-wave longitudinal investigation, employed a national probability sample of 3,006 adult women to: (a) identify separate risk factors for rape and physical assault, and (b) identify separate risk factors associated with post-rape posttraumatic stress disorder (PTSD) and post-physical assault PTSD.

This investigation differed from previous studies in that it prospectively examined risk factors at the multivariate, as opposed to univariate level. Overall, past victimization, young age, and a diagnosis of active PTSD increased women's risk of being raped. By contrast, past victimization, minority ethnic status, active depression, and drug use were associated with increased risk of being physically assaulted.

Risk factors for PTSD following rape included a history of depression, alcohol abuse, or experienced injury during the rape. However, risk factors for PTSD following physical assault included only a history of depression and lower education.

Click to see article

See full list of those Munro and Ellison relied on Click Most of these references have now been superseded (proved inaccurate).

Science shows us that damage to the hippocampus occurs due to TRAUMA.

As can be seen in this video.

When a woman is attacked she does not know the reason, she can’t. It could be a mugging, or a man running toward her in an emergency. Both these senerios will cause a reaction by the woman.

As can be seen in this video

Psychologist Elizabeth Loftus studies memories.

More precisely, she studies false memories, when people either remember things that didn't happen or remember them differently from the way they really were.

It's more common than you might think, and Loftus shares some startling stories and statistics, and raises some important ethical questions we should all remember to consider.

Also if these women have personal insurance against violence they would not make a claim?  Yeah Right!


Click image to open

R v JD

6. Be that as it may, the appeal is based fairly and squarely on a passage in the summing-up which, it is said, was seriously unfair. The passage needs to be related in full. The judge said:

  • Very often, women who are raped within relationships feel ashamed of what's happened. They themselves feel the shame. Although they have nothing to be ashamed about, because they are the victim, that's the reaction. They feel ashamed of what's happened. They are often too traumatised or embarrassed to tell anyone what's going on, and a very serious aspect of the offence in those circumstances is that a woman feels trapped. She is, after all, in her own home, very often simply too ashamed and embarrassed to tell anyone that the person that she has brought into her home to share her life, be with her children, is now raping her. She won't tell her neighbours, friends… even very close friends…children, still less the police, because of those factors which bring to bear.
  • You say to yourselves: why didn't she complain? Well, what she said to you was that when the police were in her house there were quite a lot of them. They were joking and wandering about, and she just didn't feel that she could speak to them. .

But when P.C. Stephenson came along; you may think what she was saying there was something of a kindred spirit. There was a sympathetic ear here. A young policeman, on his own, and she felt she had to say something. And why? You may conclude it was as a result of the ferocity of that final attack. If what she has told you is true, it was a ferocious rape. She said at one stage she was being smothered and thought that she might not survive. That's how bad she thought it was. The prosecution say that's why she looked like she did when she saw Adam in the house, and that's what made her tell the police what was going on, because in spite of her feelings for Mr JD, and all that happened in the past, she was thinking that enough was enough


In sex trials the judge gives ‘educational’ advice to the jury. Because the jury expect the complainant to have behaved differently to what she claimed.  To counteract that impression the judge instructs them on a false premise. The educational advice occurs at the end of the trial so it cannot be challenged.  The jury against their own judgment bring a verdict of guilty.


Click image to open

Colin Anthony Miller Appellant and R

"The judge is entitled to make comments as to the way evidence is to be approached particularly in areas where there is a danger of a jury coming to an unjustified conclusion without an appropriate warning.

This was the reasoning behind the directions suggested in Turnbull in relation to identification and Lucas in relation to the treatment of lies. We think that cases where the defendant raises the issue of delay as undermining the credibility of a complainant fall into a similar category save clearly that the need for comment is in this instance to ensure fairness to the complainant.

But any comment must be uncontroversial. It is no part of the judge's task to put before the jury Dr. Mason's learning [who had delivered a lecture on the topic to the Judicial Studies Board] without her having been called as a witness. However, the fact the trauma of rape can cause feelings of shame and guilt which might inhibit a woman from making a complaint about rape is sufficiently well-known to justify a comment to that effect.

The suggested direction ... provides an example in very general terms of an appropriate form of directions which should be tailored to the facts of the case. In the present case, the judge was entitled to add to that general comment, the particular feelings of shame and embarrassment which may arise when the allegation is of sexual assault by a partner.

He was also entitled to remind the jury of the way in which the complaint in fact emerged, as explained by the complainant herself."

The Bottom Linee

Professors Munro and Ellison research document Click PDF file


Dr. Ellison has a bias against men

Feminist perspectives on evidence

Research Interests


credibility assessment,

sexual violence,

witness preparation,


access to justice.


Dr.Vanessa Munro has a bias against men. Of Warwick University.

Munro has stated:

Complex issues like rape are very confusing even for experts of the field and jurors need better guidance from judges and experts on how to understand victim behaviour.

Research by Professor Vanessa Munro of The University of Nottingham and Dr Louise Ellison of the University of Leeds found jurors have a poor understanding of the ways in which women may react when raped, the degrees and types of injuries they might sustain and the different behaviours they might display in the witness box.

Jurors expect all rape victims to:

    Fight back against the rapist
    Have serious physical injuries
    Report the offence immediately
    Appear tearful and distressed when recounting their experiences in court.

In reality, rape victims may not always behave in such manner.

Download research paper click

Poster 2

Neuroscientists Discover the Roots of "Fear-Evoked Freezing"
The cerebellum causes the body to freeze in place when we're frightened.
Posted May 01, 2014

The research concluded:

    Taking a few deep breaths in any fearful situation will stimulate the vagus nerve and the "rest-and-digest" aspects of the parasympathetic nervous system. This relaxation response unclamps the neurobiological grip of fear and allows us to "unfreeze" and move freely.

    Although this research is in its earliest stages, the initial findings are promising. Dr. Stella Koutsikou, first author of the study, believes that identifying the actual neural circuitry linked to fear induced behavior is the key to developing more effective treatments for emotional disorders linked to a fear response.

    In a press release, Bridget Lumb from University of Bristol concluded: "Our work introduces the novel concept that the cerebellum is a promising target for therapeutic strategies to manage dysregulation of emotional states such as panic disorders and phobias."


Freezing behavior

    Freezing behavior or the Freeze Response is a reaction to specific stimuli, most commonly observed in prey animals. When a prey animal has been caught and completely overcome by the predator, it may still be possible for the prey to escape by feigning death so that the predator stops the attack.

    Studies typically assess a conditioned freezing behavior response to stimuli that typically or innately do not cause fear, such as a tone or shock.

    Freezing behavior is most easily characterized by changes in blood pressure and lengths of time in crouching position, but it also is known to cause changes such as shortness of breath, increased heart rate, sweating, or choking sensation.

    However, since it is difficult to measure these sympathetic responses to fear stimuli, studies are typically confined to simple crouching times. A response to stimuli typically is said to be a "fight or flight", but is more completely described as "fight, flight, or freeze."

    In addition, freezing is observed to occur before or after a fight or flight response.

Ressler, K., Emory University Dept. of Psychiatry and Behavioral Sciences (18 Nov 2009). "Lecture".

Yoshiro Shiba

Department of Physiology Development and Neuroscience

University of Cambridge

    Anxiety and fear are adaptive responses against a potential/imminent threat. These consist of changes in physiological (heart rate, blood pressure, endocrine responses etc.), cognitive (attention, vigilance etc.) and behavioural (flight, freeze, fight etc.) responses.

    On top of them, humans have conscious awareness of the external and internal happenings, which is the feeling of anxiety/fear. However, when these responses become maladaptive or dysfunctional, they can lead to anxiety disorders.

    Decades of research revealed that the brain structures responsible of production, expression and memory of anxiety/fear reside in the limbic circuits such as amygdala, hippocampus and BNST.

    These are homologous to the accelerator of a car, speeding up the brain for fight/flight responses. To regulate it, the brain needs a brake.

    My research looks into the question: where this brake is and how it works. I investigate the role of prefrontal cortex in emotional regulation using a primate model.

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