A rape trial at Lewes Crown Court collapsed after the alleged victim admitted to using an artificial intelligence chatbot to prepare her evidence. The woman, identified as C, claimed the defendant, R, had sexual intercourse with her while she was under the influence of alcohol and drugs, rendering her unable to consent.
The case was dismissed after C disclosed her use of an AI chatbot to prepare for her testimony. Court documents revealed that C had queried the AI on topics including her narrative of the events, consent and capacity, physical evidence, and her subsequent behavior.
The defense barrister argued that the extent to which AI may have influenced C's testimony made a fair trial impossible. In response, the Court of Appeal stated that using AI to prepare for trial in such a manner could constitute prohibited "witness coaching."
"All witnesses, whether for the prosecution or defence, should be firmly discouraged from resorting to the use of AI to prepare for giving evidence," the Court of Appeal said. "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'."
The court also indicated that a retrial should be scheduled at the "earliest opportunity."