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Law experts open review to tackle ‘rape myths’ during trials

LEGAL experts are considering law reforms to tackle “rape myths” during criminal trials which may have contributed towards a drop in prosecutions for sexual assault. 

The Law Commission, an independent body that advises the government on reforms, said today it will be reviewing the law, guidance and practices relating to the trial process of sexual assaults, including rape. 

One of the aims includes looking at how laws and guidance can be reformed to prevent jurors being affected by “rape myths.”

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, while ensuring a fair trial for defendants.”

It will also look at whether a current provision which allows evidence to be given about the victim’s sexual history in limited circumstances needs reform. 

Rape Crisis, a charity which has long campaigned for changes in how survivors are treated by the courts, said the review was a “step in the right direction.”

The charity’s CEO Jayne Butler said: “We have often spoken about how rape myths permeate all areas of criminal justice, and that jurors, who receive no specialist training, often hold prejudices and factor decision-making on the so-called credibility of the complainant, rather than the evidence provided.

“We are hopeful that the Law Commission’s work will acknowledge this, and that laws and guidance can be put in place to improve the treatment of victims and survivors.”

The review comes in response to the government’s “rape review” in June this year, which found that charges, prosecutions and convictions for rape have fallen over the last five years, despite the prevalence of sexual crimes remaining steady.

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