Sexual Offence Prosecutions Consultation (Law Commission)

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September 2023

MWNUK  responded to the  call for evidence from the Law Commission on Sexual Prosecutions. The Government asked the Law Commission to examine the trial process and to consider the law, guidance and practice relating to the use of evidence in prosecutions of sexual offences. Some of the recommendations made by MWNUK include: 

  • A persons social media history or private messages through various digital methods which have no bearing on the complaint should not be relevant.  However, such communication by the defendant may indicate the patterns of potential perpetrators.
  • We recommend that disclosure of personal records held by third parties should require judicial permission.
  • We would advocate for the implementation of measures which prevent that complainant from being seen by the public observing the trial. Such a measures would help to increase the number of women pursuing justice, particularly women from racialised minority communities who face additional barriers.

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