It follows the government’s ‘Rape Review’ published in June 2021 in which evidence was found of prosecutions for rape declining since 2016–2017 despite the prevalence of sexual crimes remaining steady.
According to the Law Commission, the review will consider whether reform of the provisions which restrict the use of evidence of complainants’ prior sexual history is required, review the rules on use of a complainant’s medical and counselling records during a trial, consider how the law and guidance can counter jurors’ misconceptions about sexual harm, and review the availability of sexual harm.
Law Commissioner for Criminal Law, Professor Penney Lewis said: ‘Victims of sexual offences can be deterred from reporting the offence or supporting a prosecution if they fear the experience of going to court.
‘Our project will consider how to improve the trial process to address “rape myths”, admit only relevant evidence and better protect complainants, whilst ensuring a fair trial for defendants.’
The Law Commission intends to publish a consultation paper in summer 2022, with final recommendations for reform due to be published in 2023.
Find out more at: www.lawcom.gov.uk/law-commission-to-review-the-trial-process-for-sexual-offences.
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