header-logo header-logo

20 October 2020
Issue: 7907 / Categories: Legal News , Criminal
printer mail-detail

Prosecutor guidance updated

The Crown Prosecution Service (CPS) has published draft guidance for prosecutors on rape myths and stereotypes, in the first full update in eight years

The guidance covers misconceptions about the use of ‘hook up’ dating sites, the exchange of explicit selfies and discussion of why sexual assault victims may remain in contact with their attacker. It includes updated guidance on dealing with digital evidence, as well as reasonable lines of enquiry.

Key changes include the impact of trauma on the memory of a victim or complainant, which must be contextualised for a jury when presenting the prosecution case. There is a section on reasonable lines of enquiry to strike the right balance between privacy and a thorough investigation, focusing on the need for early co-operation between investigators and prosecutors to build strong cases. Changes have been made to guidance on cases involving same sex sexual violence and victim vulnerabilities, with a focus on psychological and mental health issues.

In July, the CPS published RASSO 2025 (rape and serious sexual offences), a five-year strategy to look at all aspects of how rape is prosecuted, identify areas for improvement and build confidence. A joint action plan with police to improve the investigation and prosecution of rape cases is due to be published later this autumn.

CPS officer Siobhan Blake said: ‘As dramatic technological advances have changed the way people meet and connect, it’s vital those in the criminal justice system understand the wider, social, context of these changes.

‘For example, many teenagers believe that sending explicit photos or videos is a part of everyday life. Our prosecutors must understand this and challenge any implication that sexual images or messages equate to consent in cases of rape of serious sexual violence.’

The ‘Consultation on rape and sexual offences legal guidance’ ends on 18 January 2021, and can be viewed at: bit.ly/3ksVCra.

Issue: 7907 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll