Such myths hinder fair and effective trials, the commission says
The UK’s Law Commission has called for lawyers to be trained in what it called “rape myths” that can hinder fair and effective trials, reported the Law Society Gazette.
The commission said in a statement published by the Gazette that presenting evidence of a complainant’s sexual behavior during a trial “risks reliance on myths about the complainant’s credibility, consent and moral worth and subjecting them to unjustified intrusive and humiliating questioning.” Rape myths also include the presumption that victims will report sexual assault incidents promptly.
The commission suggested that relevance thresholds be bolstered in relation to accessing complainants’ personal records (including counseling notes) and to presenting evidence of sexual behavior, according to the Gazette. Moreover, complainants should be given the right to independent legal advice and representation when applications for access are filed.
In addition, lawyers would receive training providing “greater clarity on professional misconduct consequences of deliberate deployment of rape myths,” per a statement published by the Gazette. Judges would also be given guidance on identifying and responding to rape myth reliance.
Moreover, the commission also recommended that specialist courts with juries be established for sexual offences trials.
Helen Newlove, victims’ commissioner for England and Wales, indicated that she had long urged the provision of access to independent legal advice to complainants in relation to their personal records or sexual history.
“I was pleased the government committed to introducing such advocates from 2025 and this report sets out exactly how it must be delivered - through qualified, specialist lawyers, with support available in person, online and by phone. Alongside this, the report rightly makes clear that proper funding will also be essential to ensure this support is available to all complainants,” she said in a statement published by the Gazette.
Criminal law commissioner Penney Lewis said in a statement published by the Gazette that the pitched package of reforms “strike the critical balance between supporting complainants' dignity and privacy while safeguarding defendants' right to a fair trial.”
Lewis had been tasked with evaluating the law, practice, and guidance on evidence in sexual offence prosecutions in line with the UK government's end-to-end rape review.
The UK Crown Prosecution Service has issued rape myths and misconceptions guidance and trained its lawyers in this area.
