Law Commission calls for mandatory training on rape myths

Lawyers should be trained on 'rape myths' and complainants should be entitled to legal advice and representation on whether to grant access to their personal records, the Law Commission has recommended. 

After being asked to review the law, practice and guidance on evidence in sexual offence prosecutions as part of the government's end-to-end rape review, criminal law commissioner Penney Lewis said today’s package of proposed reforms ‘strike the critical balance between supporting complainants' dignity and privacy while safeguarding defendants' right to a fair trial’. 

The commission said myths, such as the presumption that rape will always be reported promptly, are detrimental to a fair and effective trial. Introducing evidence of a complainant’s sexual behaviour at trial ‘risks reliance on myths about the complainant’s credibility, consent and moral worth and subjecting them to unjustified intrusive and humiliating questioning’.

The commission recommends ‘enhanced’ relevance thresholds to access complainants’ personal records, such as counselling notes, and to admit evidence of sexual behaviour. Complainants would have the right to independent legal advice and representation when applications are made.

Lawyers would be trained with ‘greater clarity on professional misconduct consequences of deliberate deployment of rape myths’. Guidance would be produced for judges to identify and respond to reliance on rape myths.

Specialist courts for sexual offences trials are also recommended. Having considered calls for juryless trials, the commission says juries should remain.