header-logo header-logo

24 May 2023
Issue: 8026 / Categories: Legal News , Criminal , Procedure & practice
printer mail-detail

Overhaul of sexual offences prosecutions proposed by Law Commission

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

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

Ward Hadaway—Mike Gore

Ward Hadaway—Mike Gore

Firm enhances advisory capability with strategic risk specialist hire

Stewarts—Alexandra Lyons

Stewarts—Alexandra Lyons

Insurance and reinsurance specialist joins policyholder disputes practice as partner

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll