Juries in rape cases could hear from experts to dispel myth that 'real victims should be upset' 👉 The Law Commission is due to publish a list of recommendations to improve the trial process for sexual offences in February 2023
, according to proposals being considered by the independent body that reviews laws for England and Wales.is due to publish a list of recommendations for improving the trial process for sexual offences in February 2023, with hopes it will lead to the better treatment of complainants while ensuring defenders get a fair trial.
“So some victims might freeze during the assault and not attempt to fight off the assailant whereas other victims might well… scratch the assailant or try to fight back.” Another myth is that a “real victim” would report the crime immediately. This is not the case as some people are afraid or feel ashamed to go to the police.Government’s 2021 End-to-End Rape Review which stated that only 1.6 per cent of rapes that are reported result in someone being chargedResearch indicates that rape myths are influential in juror reasoning and also used by the defence counsel as part of their arsenal against the complainant, said Prof Lewis.
“I think that the judge’s directions… are capable of being a powerhouse because juries are quite dependent on what the judge says. “[Rape myths] bias or predispose them [juries] towards particular verdicts… I would argue that they’re basically unable in many instances to reach a fair and impartial verdict, because these rape stereotypes are having such an important influence in the background. Unlike other types of crime women in particular, but rape victims more broadly, are simply not believed by the majority of jurors.”
This, he said, might mean the justice system is more likely to reform. Currently the only evidence about the role of rape myths are studies like the ones he conducts, which cannot use real jurors.
Belgique Dernières Nouvelles, Belgique Actualités
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