A Lawyer Talks

Trying rape fairly


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Reforms to the way sexual assault cases are prosecuted and tried in the courts of England and Wales are recommended in a report today by the government’s reform advisers.

The Law Commission’s proposals are intended to provide better protection for complainants while maintaining fair trials for defendants. For the first time, complainants would be given legal advice and representation at hearings to decide whether to disclose their personal records and evidence of their sexual behaviour.

If ministers agree, reforms would be introduced to ensure that the defence could present relevant evidence without relying on rape myths and misconceptions and without causing unnecessary trauma to the complainant.

For the latest episode of A Lawyer Talks, I have been discussing these recommendations with Professor Penney Lewis (pictured), the criminal law commissioner responsible for the project. Our ambition was to sum up her 620-page report in a conversation of half an hour.

My regular podcast series is a bonus for paying subscribers to A Lawyer Writes. Everyone else can hear a short taster by clicking the ► symbol above.

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A Lawyer TalksBy Joshua Rozenberg