header-logo header-logo

Overhaul of sexual offences prosecutions proposed by Law Commission

24 May 2023
Issue: 8026 / Categories: Legal News , Criminal , Procedure & practice
printer mail-detail
Complainants in rape and sexual offences cases could have an automatic right to give evidence in private or via a live link, under an overhaul of the rules.

A Law Commission consultation on ‘Evidence in sexual offences prosecutions’, published this week, proposes changes to counter common misconceptions about rape and improve the treatment of complainants.

For example, complainants often fear that deeply personal material will be revealed, even where it is not relevant. The commission therefore proposes a ‘bespoke regime for access, disclosure and use of complainants’ personal records, including counselling notes’, with judicial oversight of whether and how these records should be used. The judge would consider the complainant’s right to privacy, the importance of the records to the defendant’s case, and wider societal interests.

Restrictions would be tightened up regarding evidence of complainants’ sexual behaviour and compensation claims—defence lawyers sometimes suggest to juries that allegations are being made for financial gain. When deciding whether to admit such evidence, the judge would consider factors such as the right to a fair trial and the risk of perpetuating myths and misconceptions.

Complainants would be offered independent legal advice and representation so they can make informed decisions on the way their evidence is given and take part in decisions about the use of their sensitive personal information.

The Law Commission also considers the use of educational tools to minimise the impact on jury decision-making of myths about rape, for example, through expert evidence.

Common myths include that victims will be visibly distraught when describing what happened, and that rapes will always be reported promptly.

Finally, the commission asks whether trials should be held in specialist courts with personnel trained in trauma-informed practices.

Professor Penney Lewis, criminal law commissioner, said: ‘The way that the criminal justice system handles rape and serious sexual offences still leaves prosecutions at risk from the impact of pervasive rape myths, and can often cause distress and trauma.’

Law Society president Lubna Shuja said it was ‘vital’ that complainants’ experience of the trial process be ‘as trauma-free as possible’.

Responses to the consultation are welcomed until 29 September 2023, and can be submitted here.

Issue: 8026 / Categories: Legal News , Criminal , Procedure & practice
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll