University:
University College London
Course:
LAWS0357 | Sexuality and the Law
Academic year:

2024
Views:

145

Pages:

3
Author:

Namira A.

Evidence in Sexual Offences Prosecutions Date: 20 July 2023 Professor Penney Lewis (Criminal Law Commissioner) Project Overview - As part of its Rape Review, the government has asked us to:  Review law, guidance and practice relating to the trial process in sexual offences cases - We are considering the need for reform in order to:  Increase understanding of consent and sexual harm and  Improve the treatment of victim’s while ensuring the defendant receives a fair trial Consultation Paper 1. Introduction 2. Myths and Misconceptions a. Terminology b. Their role in the criminal justice system c. Their role in sexual offences 3. Personal Records 4. Sexual Behavior Evidence 5. Character 6. Criminal Injuries Compensation Claims 7. Special Measures 8. Independent Legal Advice/Representation 9. Conduct of the Trial 10. Juries 11. Appeals 12. Holistic Reform 13. Radical Options Myths and Misconceptions Some Examples We provide an illustrative list of some myths, contrasted with what the evidence shows, based on scientific studies. These include: a. Rape is most commonly perpetrated by stranger a b. Rape always involves physical force c. Rape will always be physically &/or verbally resisted d. Rape always results in physical injury e. Rape will always be reported promptly f. Rape victims will always be visibly distressed when describing what happened g. Allegations of rape are commonly false h. Only gay men rape other men, who are always gay There is a lack of consensus as to whether research demonstrates that jurors are or may be influenced by myths and misconceptions. We proceed on the basis that the evidence demonstrates a likelihood that myths a misconceptions have some impact on juries, and therefore that it is right to consider and propose measures to counter the risk of deliberations being affected by myths. Strategies To Address Myths 1. Removal of mandatory corroboration warnings 2. "Rape shield" laws (s 41 YJCEA 1999) 3. CPS Guidance identifying myths and how to counter them 4. Judicial training 5. Example directions in the Crown Court Compendium Juries  Directions  Expert Evidence  Education Tools  Jury Research