Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the oral contribution of the Minister of State in response to the Urgent Question of 28 June 2022 on prosecution of incidences of rape, if he will take steps to strengthen the understanding of consent and evidencing the absence of consent in rape cases.

As part of the Rape Review action plan, the Law Commission is conducting an independent review of the law, guidance and practice relating to the trial process in prosecutions of sexual offences, including rape, with one aim being to better support understanding of consent and misconceptions about sexual harm. As part of this project, the Law Commission will also consider how law and guidance can counter jurors’ misconceptions about sexual harm (“rape myths”) in relation to the credibility, behaviour and experience of complainants and defendants.

We await the results of the Law Commission’s review, and will carefully consider how the findings can contribute towards this government’s ambition to improve the treatment of victims, boost successful rape prosecutions, whilst also ensuring that defendants receive a fair trial.

In the meantime, to help address the attitudes and behaviours that can underpin these violent crimes, this Spring the government launched ‘Enough’: a new nationwide communications campaign which aims to challenge perpetrators and the harmful attitudes that exist within wider society, educate young people about healthy relationships and ensure victims can access support.