Commission demands mandatory training for lawyers on rape myths and legal support for complainants
The Law Commission has issued a powerful set of recommendations aimed at dismantling harmful “rape myths” that continue to haunt England and Wales’ courtrooms—myths that, it argues, undermine justice, re-traumatise victims, and risk skewing entire trials.
At the heart of its newly released proposals is a demand for mandatory training for all legal professionals involved in sexual offence cases. Lawyers would be taught not only to identify and avoid rape myths, but also warned of professional misconduct consequences should they deliberately deploy them in court.
Criminal law commissioner Professor Penney Lewis, who led the review as part of the government’s end-to-end rape review, said the recommendations are carefully balanced: protecting complainants’ dignity and privacy, while maintaining defendants’ right to a fair trial.
Among the most damaging myths are assumptions that victims must always report rape immediately or that past sexual behaviour signals consent. Such tropes, still wielded implicitly or explicitly by some barristers, can lead to complainants being subjected to invasive, humiliating cross-examinations that discourage reporting and damage trial integrity.
Embed from Getty Images“The continued use of myths around how a ‘real’ victim behaves feeds into cultural bias and courtroom injustice,” Lewis said. “We’re proposing meaningful change, not token gestures.”
One of the most significant changes involves access to a complainant’s personal records—such as therapy or counselling notes. The commission proposes stricter “enhanced relevance thresholds” for such evidence, requiring stronger justification before it can be introduced in court.
Equally pivotal is the recommendation that complainants be granted the right to independent legal advice and representation whenever such access is sought. This would mark a major shift in trial dynamics, offering complainants the power to challenge requests for their most private information—something they currently lack.
“For too long, complainants have had no voice when defence lawyers seek to scrutinise their most intimate records,” said Lewis. “This changes that.”
Judges would also be provided with formal guidance on how to spot and respond to rape myths in court. Such oversight is deemed crucial, particularly in light of calls to move away from jury trials in rape cases. Though the Commission ultimately rejected those calls, it acknowledged that many campaigners believe juries can be influenced by myths and stereotypes.
Instead, the report supports retaining juries, but proposes establishing specialist sexual offences courts—an idea already gaining traction among legal reform advocates.
The legal profession has faced mounting criticism in recent years over how rape and sexual assault cases are handled. Low conviction rates, lengthy delays, and the psychological toll on complainants have all contributed to a public sense of a justice system not fit for purpose in such sensitive matters.
Today’s announcement reflects growing consensus that without robust reforms, confidence in the system will continue to erode.
Lewis emphasised that the proposed changes aim to protect the integrity of both the complainant’s experience and the fairness of trial proceedings. “Justice must not come at the expense of trauma,” she said. “Nor should it be distorted by outdated ideas about morality or behaviour.”
With the ball now in the government’s court, the Law Commission’s proposals could reshape the landscape of sexual offence trials—offering greater dignity to victims and demanding greater responsibility from those charged with defending and judging the accused.
