August 19, 2025
Analysis of Law Commission’s Report on Evidence in sexual offences prosecutions
Written by Professor Susan Edwards ( RLC Associate Tenant)
The Law Commission’s long-awaited report, Evidence in Sexual Offences Prosecutions, published on 21 July 2025, marks a critical moment in the journey toward fairer, more trauma-informed trials. With 72 recommendations, it offers a thoughtful and often overdue re-evaluation of how the criminal justice system handles sexual offence cases—aiming to reduce attrition, address the damaging influence of myths and stereotypes and uphold fairness for both complainants and defendants.
The report responds to deeply rooted problems. Operation Soteria (2023) revealed persistently high attrition rates in rape cases, while CPS data from 2024 showed that it took an average of 317 days between police referral and charge authorisation. The CPS-Equally Ours 2024 study further highlighted how myths—especially among young adults—continue to shape public and juror perceptions of consent and sexual harm.
The Commission’s work builds on these concerns, supported by insights from 133 consultees. I was pleased to have the opportunity to contribute to the consultation and see several key points reflected in the final recommendations.
Among the most important proposals:
1. Specialist Courts & Supportive Environments: Recommendation 6 proposes specialist sexual offence courts, while Recommendation 53 calls for separate waiting areas and entrances for complainants—simple yet essential steps for safeguarding dignity and wellbeing.
2. Judicial Training and Guidance: Recommendation 54 and 63 urge improved training for judges and legal practitioners, with revisions to the Crown Court Compendium to help correct long-standing misconceptions around sexual violence.
3. Myth Directions: Although I personally supported mandatory myth directions to assist juries, the Commission made recommendation 56 leaving this to judicial discretion, albeit alongside updated guidance: Recommendation 57.
4. Use of Sexual Behaviour Evidence (SBE): The report expands the scope of the SBE framework (Recommendation 18), crucial in homicide cases involving the so-called “rough sex defence”.
5. Personal Records & Privacy: In Chapter 2, the Commission calls for a bespoke regime governing access to complainants’ personal records. As I noted in my submission, informed consent can only be ensured with access to independent, specialist legal advice.
6. Expert Evidence & Trauma Awareness: Recommendation 60 recognises the need for expert testimony on behavioural responses to trauma—an essential corrective to myths around “typical” victim behaviour. I also supported better vetting of expert witnesses to prevent misleading testimony.
7. Preserving Jury Trials: In response to recent debate, Recommendation 70 reaffirms the right to jury trials in serious sexual offence cases, opposing any move toward judge-only proceedings.
The report repeatedly emphasises the value of a trauma-informed approach—from how inconsistencies in memory are evaluated to the impact of delay in reporting. These recommendations bring England and Wales closer to international standards in handling sexual offences with sensitivity and insight. The Commission’s report is both ambitious and pragmatic. Some recommendations break new ground; others address issues campaigners have flagged for decades. But the clarity, depth, and consultation-led approach of this report make it an essential blueprint for reform.
Read full report here: [ESOP Final Report July 2025]