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Law Commission to review the impact of ‘rape myths’ on criminal proceedings

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The Law Commission will review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”). (Jacob King/PA)

A project aimed at countering misconceptions surrounding sexual harm at trial has been announced by the Law Commission.

The legal review body’s project will also assess how evidence is used in the prosecution of sexual offences.

It comes after a review into how the criminal justice system handles rape cases found one in two victims who report being raped withdrew from the investigation.

In June, the Government’s ‘rape review’ found that charges, prosecutions and convictions for rape have fallen over the last five years, despite the prevalence of sexual crimes remaining steady.

This important review will look closely at how to improve the trial process – ensuring only relevant evidence is used and that damaging misconceptions about these crimes are consigned to the past
Justice minister Victoria Atkins

The Law Commission’s new review will scrutinise the law, guidance and practice relating to the trial process in prosecutions of sexual offences – including rape – and consider the need for reform.

The project aims to increase the understanding of consent and sexual harm and improve the treatment of victims, while ensuring that defendants receive a fair trial.

Justice minister Victoria Atkins said the review will look closely at how to improve the trial process by ensuring only relevant evidence is used and that damaging misconceptions – known as “rape myths” – about these crimes are “consigned to the past”.

She said: “It is vital victims of rape and sexual violence have confidence in the justice system and are treated with the utmost fairness in court.

“This important review will look closely at how to improve the trial process – ensuring only relevant evidence is used and that damaging misconceptions about these crimes are consigned to the past.

“We’re grateful to the Law Commission for carrying out this work, which builds on the Government’s action plan to transform the response to rape and increase the volume of cases going through the system.”


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