What Tyrone Silcott would really like to know is this: what were the jurors thinking? At the end of every trial that does not go the barrister’s way, he has to sit down and write an “adverse verdict report”; his best guess at the reasons why. With a rape case, the reasoning is more obscure than with any other type of crime. Physical evidence and witnesses are rare. A tendency to doubt the complainant is still a factor. To some extent, Silcott says, “the jury have to choose who they believe”. Do they identify with the accused? Do they see in him a son, a brother – someone who doesn’t deserve a minimum of four years in jail? Do they find the accuser just a little too calm on the stand?
When I first meet Silcott, in March 2022, he has successfully prosecuted six sexual assault cases in a row – an unprecedented number. Still, the unpersuaded jurors play on his mind. He speaks via video link from the Inner London crown court in south London, taking off his wig to eat a 4.30pm lunch in an ante room. Silcott’s most recent case has made headlines: a 55-year-old photographer, Pascal Molliere, has been convicted of sexually assaulting a young woman during a photoshoot 12 years earlier. The jury voted 10-2 and 11-1 on three counts. What hadn’t convinced the holdouts? “She was very credible, yet they weren’t sure.” Silcott shakes his head, baffled. “They should allow controlled post-trial interviews with jurors. Otherwise we’re all rather guessing, aren’t we?”
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