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20th October 2020
Newspapers regularly report that the number of rape prosecutions are low or falling. The Crown Prosecution Service has now published new draft legal guidance for prosecutors on “rape myths and stereotypes” as part of the revision of guidance on rape and serious sexual offences.
In July this year, the CPS published a five-year strategy to look at all aspects of how rape is prosecuted to identify areas for improvement. A joint action plan with the police is to be published this autumn to “drive improvements in the investigation and prosecution of rape cases”.
The guidance will be launched for public consultation and represents the first full refresh of the guidance since 2012.
Times have changed since 2012, technology and digital material has developed with an impact on sexual behaviours and encounters.
Siobhan Blake of the CPS said that there have been significant changes in the last ten years in the way that people live their lives, which has transformed the way people date and communicate with sexual partners.
The guidance points out to prosecutors that the myths and stereotypes should play no part in their decision-making but, they do need to be identified and addressed to “ensure a proper case-strategy and effective advocacy when presenting a case at trial”.
The guidance is said to address 39 common myths and stereotypes whilst adding that it does not provide an exhaustive list. They relate to rape, perpetrators of rape and victims of rape.
Some examples given are:
The CPS say that they worked with victim support groups to update the guidance and found there had been an emergence of new myths lined to sharing of explicit selfies, the use of dating apps and casual sex.
There are key changes in updates on the impact of trauma and reasonable lines of enquiry.
The impact of trauma update relates to how the memory of a complainant can be affected, and how this can be contextualised for a jury.
The guidance on reasonable grounds of enquiry has been refreshed on striking the appropriate balance between privacy and a thorough investigation.
The CPS refers to a disparity between the number of cases reported and those reaching court, and their determination to make significant changes “to improve that for survivors of these appalling crimes”.
The new guidelines are open to consultation but will take effect from 1 November 2020 in any event. We will be closely monitoring the impact of these guidelines on the prosecution process in order to ensure there is no unfair impact on those accused of sexual offences.
If you would like to discuss any aspect of your case, please call 0113 2440597 or email info@ogcclaw.com and let us help.
[Image credit: “Light in a Dark Room” by [Alan] is licensed under CC BY-SA 2.0]