Victims’ Commissioner backs Law Commission’s call for major courtroom reforms in rape cases
Proposed measures include introducing legal advice and representation for complainants, reform of rules of evidence to address myths and misconceptions about sexual violence, and specialist sexual offences courts.
The Law Commission has published a landmark report setting out wide-ranging reforms to how rape and serious sexual offences are handled in court – marking the final phase of the Government’s End-to-End Rape Review.
Launched in 2019 and published in 2021, the Review was commissioned in response to plummeting rape prosecutions and systemic failings across the criminal justice system. It aimed to overhaul the handling of rape cases from initial report through to trial and resolution. Reforms already implemented include Operation Soteria – which transformed police and prosecution approaches to rape – the national rollout of pre-recorded evidence, and better use of special measures to support victims in court.
As part of its Review, the Government asked the Law Commission to examine the law, guidance, and procedures in sexual offence cases to ensure a system that is both fairer and more effective.
In its final report, the Commission makes detailed recommendations to improve the understanding of consent and sexual harm, enhance the treatment of complainants, and uphold the rights of defendants to a fair trial. Central to its proposals are changes to evidence rules to reduce unnecessary harm and better protect complainants’ privacy and dignity.
Key recommendations include:
- Greater scrutiny of requests to access complainants’ personal records – including therapy notes – and tighter controls on the admissibility of evidence about a complainant’s sexual history or criminal injuries compensation claims;
- The right for complainants to receive independent legal advice and representation in cases where such sensitive evidence is considered for inclusion;
- Stronger safeguards to restrict the use of evidence that could perpetuate rape myths or intrude on victims’ private lives.
- Specialist sexual offences courts offering improved access to measures to assist complainants with giving evidence, additional training for court staff on trauma-informed practice, and prioritised case listing.
- A raft of measures designed to tackle rape myths and misconceptions among legal professionals and jurors.
Responding to the report, Victims’ Commissioner Baroness Newlove described it as a “final, critical piece” in the Rape Review’s transformation of how the justice system responds to rape:
“This long-awaited report is the final, critical piece in the former government’s Rape Review’s transformation of how our justice system handles rape and serious sexual offences.
“Despite improvements, too many victims still do not report sexual offences – or, if they do, too often withdraw from a criminal justice process that can feel invasive, hostile and retraumatising. This is largely due to an outdated courtroom culture where complainants’ credibility is subjected to heightened scrutiny, their sexual history is used to undermine them, and their most private records are open to disclosure. That culture must change, and I strongly welcome many of the Law Commission’s recommendations which offer a clear, practical blueprint for reform.
“I have long called for complainants to have access to free, independent legal advice when decisions are made about their personal records or sexual history. I was pleased the Government committed to introducing such advocates from 2025 and this report sets out exactly how it must be delivered: through qualified, specialist lawyers, with support available in person, online and by phone. Alongside this, the report rightly makes clear that proper funding will also be essential to ensure this support is available to all complainants.
“I am especially supportive of proposals to strengthen measures to assist with giving evidence. These are not a ‘nice to have’ – for many victims, they are the difference between giving evidence and walking away from justice altogether. Yet too often they are inconsistently applied, still subject to judicial discretion, or not offered at all. Guaranteeing the right to give evidence away from the defendant – including the use of screens, pre-recorded video or remote links – is a simple but powerful change that will help more victims stay engaged.
“The Law Commission is also right to challenge the persistent influence of rape myths and stereotypes in our courts. Mandatory training for legal professionals, better jury directions, and – in some cases – expert evidence on victims’ responses to trauma are all essential steps in correcting dangerous misconceptions.
“This report includes several important recommendations that deserve careful attention as wider reforms to the criminal courts progress. The proposal for specialist sexual offences courts – including priority listing for rape cases – is especially timely, as Sir Brian Leveson prepares to conclude his review. These measures must be seriously considered by his team and the Ministry of Justice.
“We have had Operation Soteria, which has transformed how rape and serious sexual offences are investigated and prosecuted. Now comes the final piece in the puzzle: addressing the culture of the courtroom itself – a culture that can have a chilling effect on victims’ willingness to come forward or remain engaged in the process. I urge the Government to act swiftly and comprehensively on these recommendations.”