Full-body projection of a witness on glass. Credit: Mehzeb Chowdhury, Author provided
Returning to court to give evidence against their attacker can be a harrowing experience for victims of sexual abuse, and many have described it as like having to experience the abuse all over again. However, the rise of augmented reality and holographic technology – that could bring vulnerable witnesses into court in 3-D instead – could offer a solution.
Studies have found that secondary victimisation – such as victim-blaming and insensitive behaviour from police, judges and social workers – can make victims feel violated and traumatised. Special measures and other means to testify are available but lawyers have argued that the demeanour of complainants, especially when testifying, can affect the jury’s perception and hinder their case.
The absence of a complainant in the courtroom, and the mediating effect of a video link, may create a distance between them and the jury. Many professionals have voiced concern that the use of video link can also make it less likely that a witness’ account will incite sympathy and/or be believed.
Non-verbal communication such as body language plays a significant role in criminal trials, especially in sexual assault cases. Jurors use “intuition” to judge demeanour, deception and credibility from the posture, gaze and expression of witnesses. This poses a challenge in cases where special measures have been used.
During a video link testimony, the witness is simply a two-dimensional representation of themselves on a screen. These subtle visual, non-verbal and verbal cues may not be properly interpreted by jurors, who then may not reach the correct conclusion about the credibility of the witness.
A technological courtroom
There have been calls for a review of alternatives in rape trials and while technology has been accused of marginalising empathy in today’s society, it could bring about a social good in this case. Augmented and virtual reality technology used in the courtroom could allow a witness to provide a testimony from a different location but appear in front of the judge and jurors in three-dimensional form with the use of wearables and headsets.
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Source: Phys