Criminal lawyers described the comment as ‘ill judged’, ‘unfair’ and ‘poor’
A tax specialist made a tweet about the legal system and its treatment of rapists, and it sparked a whole load of controversy in the criminal law community.
Days after Harriet Harman MP proposed a ban on lawyers asking alleged rape victims about their sexual history, Devereux Chambers’ Jo Maugham QC made this tweet:
Our legal system suffers men to rape almost with impunity. In a better world, that would be the outrage that motivated my profession.
— Jo Maugham QC (@JolyonMaugham) March 26, 2017
Within minutes, it became clear Maugham’s tweets had irked some criminal lawyers. 9 St John Street barrister Jaime Hamilton was one of the first to make his feelings known:
@JolyonMaugham This sort of statement is part of the problem, perpetuating the myth that there is no point in coming forward.
— ViewFromTheNorth (@jaimerh354) March 26, 2017
Anonymous legal blogger and advocate the Secret Barrister, who recently revealed they’re to publish a book on the criminal justice system and how it’s broken, added:
@JolyonMaugham @jaimerh354 That is unfair, Jo. We have here deliberate distortions from politicians seeking to undermine basic rights. Why
— The Secret Barrister (@BarristerSecret) March 26, 2017
Rebecca Herbert, a 36 Bedford Row barrister who specialises in serious sexual offences, also seemed unimpressed. In a long series of tweets, she told Maugham his comment was “ill judged”:
@JolyonMaugham Your tweet seemed hugely judgmental of lawyers who, with respect, are expert in this area, and I felt it was ill judged.
— Rebecca Herbert (@RebeccaHerber44) March 26, 2017
Then it was the turn of outspoken criminal lawyer and St Pauls Chambers silk Simon Myerson. Throwing in his two cents, the fraud specialist said:
@JolyonMaugham It is an absolute answer. The remedy doesn't lie in treating one class of accused differently. Or in assuming that would work
— Simon Myerson QC (@SCynic1) March 26, 2017
Later, Myerson made a comment seemingly shared by some others embroiled in the Twitter spat. Is Maugham — a tax specialist who is planning to sue Uber over an alleged unpaid VAT bill and whose crowdfunding efforts helped pay for the recent Supreme Court Brexit challenge — qualified to comment on the criminal justice system and how it deals with rapists?
@JolyonMaugham Moreover, you have no idea how the criminal bar or judiciary feel about rape. It would be polite to ask before tweeting.
— Simon Myerson QC (@SCynic1) March 26, 2017
Criminal solicitor Rich Carlin, who described Maugham’s original tweet as “poor”, seemed to echo this sentiment when he said:
@JolyonMaugham you're not in a position to judge.
— Rich Carlin (@Richy_Carlin) March 26, 2017
Despite the backlash, Maugham appears to be sticking by his original tweet. Speaking to Legal Cheek this morning, he said:
It’s absolutely desirable that we, as a profession, engage constructively with public concern about how the legal system functions. There are dangers for us if we allow ourselves to be portrayed as defensive and out of touch.
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