A rape prosecution in the United Kingdom was derailed after the complainant admitted she had used an AI chatbot to prepare for cross-examination.
The case, heard at Lewes Crown Court, was halted after the complainant, identified only as C, admitted using an AI chatbot before testifying. Records from her phone showed conversations with the chatbot under headings including "On what happened that night," "On Consent and Capacity," "On Physical Evidence," and "On Your Behavior After."
Following the disclosure, counsel for the defendant, identified as R, argued that the court could no longer determine whether the complainant's evidence reflected her own recollection or had been shaped by AI. The Crown Court concluded that a fair trial was no longer possible.
The case was later reviewed by the Court of Appeal, which described the use of AI in witness preparation as a form of prohibited witness coaching, reports the Telegraph. Although the appellate court ruled the prosecution should proceed with a retrial as soon as possible, it also issued a broader warning about the risks posed by artificial intelligence.
In its ruling, the court said: "All witnesses, whether for the prosecution or defense, should be firmly discouraged from resorting to the use of AI to prepare for giving evidence."
The judges added: "An honest witness may alter the emphasis of his evidence to accommodate what he thinks may be a different, more accurate, or simply better remembered perception of events. A dishonest witness will very rapidly calculate how his testimony may be ‘improved’."
Under UK law, witness coaching is prohibited because it can influence recollections, contaminate evidence, or encourage witnesses to alter their accounts to remove inconsistencies. Lawyers are permitted to familiarize witnesses with court procedure and conduct mock examinations, but they are barred from rehearsing or shaping testimony.
The allegations in the case involve claims that R penetrated C while she was unable to consent due to alcohol and drugs. The two had previously been in a consensual relationship, which had ended several weeks before the alleged assault.
C was the prosecution's only witness. After completing cross-examination, she sought to introduce screenshots that she said answered questions raised by the defense. That request led to material from her phone being disclosed, including the AI chatbot conversations that ultimately brought the trial to a halt.
The case, heard at Lewes Crown Court, was halted after the complainant, identified only as C, admitted using an AI chatbot before testifying. Records from her phone showed conversations with the chatbot under headings including "On what happened that night," "On Consent and Capacity," "On Physical Evidence," and "On Your Behavior After."
Following the disclosure, counsel for the defendant, identified as R, argued that the court could no longer determine whether the complainant's evidence reflected her own recollection or had been shaped by AI. The Crown Court concluded that a fair trial was no longer possible.
The case was later reviewed by the Court of Appeal, which described the use of AI in witness preparation as a form of prohibited witness coaching, reports the Telegraph. Although the appellate court ruled the prosecution should proceed with a retrial as soon as possible, it also issued a broader warning about the risks posed by artificial intelligence.
In its ruling, the court said: "All witnesses, whether for the prosecution or defense, should be firmly discouraged from resorting to the use of AI to prepare for giving evidence."
The judges added: "An honest witness may alter the emphasis of his evidence to accommodate what he thinks may be a different, more accurate, or simply better remembered perception of events. A dishonest witness will very rapidly calculate how his testimony may be ‘improved’."
Under UK law, witness coaching is prohibited because it can influence recollections, contaminate evidence, or encourage witnesses to alter their accounts to remove inconsistencies. Lawyers are permitted to familiarize witnesses with court procedure and conduct mock examinations, but they are barred from rehearsing or shaping testimony.
The allegations in the case involve claims that R penetrated C while she was unable to consent due to alcohol and drugs. The two had previously been in a consensual relationship, which had ended several weeks before the alleged assault.
C was the prosecution's only witness. After completing cross-examination, she sought to introduce screenshots that she said answered questions raised by the defense. That request led to material from her phone being disclosed, including the AI chatbot conversations that ultimately brought the trial to a halt.
