As part of its “end-to-end rape review”, the UK government asked the Law Commission of England and Wales to examine the law, guidance, practice and procedure in sexual offences cases.

In a new report, based on its 2023 consultation, the Law Commission has made recommendations aimed at “improving the understanding of consent and sexual harm; improving the treatment of complainants; and ensuring that defendants receive a fair trial”.

Its recommendations are directed at “minimising the risk of unnecessary harm to complainants, and better protecting their privacy rights”.

The recommendations also seek to protect the defendant’s right to a fair trial by ensuring that the defence can present evidence relevant to their case, “without relying on myths and misconceptions or causing unnecessary trauma to the complainant”.

The report recommends reform to the rules of evidence and procedure “to ensure that the jury can evaluate the issues in the case uninfluenced by myths and misconceptions about sexual violence”.

The report recommends mandatory training for all legal practitioners on myths and misconceptions, to “reduce the risk” of advocates introducing them into the trial process.

The Law Commission has also recommended improvements and additions to the directions which judges give to jurors to educate them about myths and misconceptions. In addition, it concludes that parties should be able to introduce expert evidence of behavioural responses to sexual violence in particularly complex trials.

Criminal law commissioner Professor Penney Lewis said: “Our package of reforms aims to increase understanding of consent and sexual harm and to address the myths that can undermine justice in these cases.

“We’ve worked to strike the critical balance between supporting complainants’ dignity and privacy while safeguarding defendants’ right to a fair trial.”