Consultation on rape and sexual offences legal guidance
As part of our work on Rape and Serious Sexual Offences (RASSO) under our five-year strategy, we made a commitment to launch a consultation on our updated rape legal guidance this autumn.
Our legal guidance is an important aspect of our work and provides support to our prosecutors to make effective Code compliant decisions in RASSO cases helping to ensure the delivery of justice.
The updated legal guidance reflects the changing world and our improved understanding of the many complex issues related to rape. Many of the revisions have been informed by the expert insight of stakeholders. The revised guidance also features updated content around reasonable lines of enquiry and disclosure which aims to assist prosecutors with striking the appropriate balance between the needs of an investigation and the right to privacy.
The updated guidance continues to refer to the ‘Protocol between the police service and CPS in the investigation and prosecution of rape’. This Protocol dates back to 2015 and, as part of our work with the police under the RASSO Joint Action Plan, will be updated to reflect recent developments in practice.
Please note that references within the guidance to the 2012 Rape Policy have been removed. This has not impacted upon the commitments made within this document but reflects the fact that we will shortly commence work on developing an updated version of this policy document.
Consultation content
The consultation seeks your views on the following questions.
Chapter 2: Applying the Code for Crown Prosecutors to Rape and Serious Sexual Offences
Do you think that the new guidance in this section in relation to the principles to consider when applying the evidential test will assist prosecutors in arriving at Code compliant charging decisions in RASSO cases?
Is the new content around the impact of trauma including the linked online trauma training video accurate and comprehensive?
Chapter 3: Case Building
Will the updated content within Chapter 3 covering reasonable lines of enquiry and disclosure covered at Sections D, E and F assist prosecutors with balancing the needs of the investigation and the right to privacy?
Chapter 4: Rape myths
Is the revised content on ‘rape myths and stereotypes’ accurate and comprehensive and do you think it will assist prosecutors in making decisions which are not clouded by myths or stereotypes?
Does the revised content adequately cover the development of rape myths in the digital age?
Does the revised content clearly highlight the tools available to prosecutors and advocates when challenging rape myths?
Chapter 5: Issues relevant to particular groups of people
In Chapter 5, 'Issues relevant to particular groups of people', is the content covering ‘pre-existing mental illness and potential psychological reactions to sexual abuse’ including the linked ‘psychological evidence toolkit for prosecutors’ accurate and comprehensive?
Is the content of the ‘same sex sexual violence toolkit’ accurate and comprehensive?
Is the content in relation to additional parts of this chapter accurate and comprehensive?
General
Do you have any other feedback you wish to share around how the revised guidance could be improved?
How to Respond
It would be helpful if you could give your feedback using our online form (see below) for ease of analysis.
You can also download a response form, complete it, and return it to RASSOLGconsultation@cps.gov.uk by midnight on 18th January 2021.
We would prefer electronic submissions if possible but, if you would rather submit your feedback in hard copy please use the response form and return it by the same date, to:
RASSO Legal Guidance Consultation
Senior Policy Advisor
Crown Prosecution Service
10th Floor 102 Petty France
London SW1H 9EA
Please include your name, organisation (if applicable), postal address, telephone number and email address in any response.
Dogfennau yn Gymraeg
Byddwn yn cyhoeddi fersiwn Gymraeg o'r canllaw hwn a'r ymgynghoriad yn fuan.
Alternative Formats
If you require a copy of the consultation papers in any other format, for example, audio or large print, please contact the e-mail or postal addresses above.
Next Steps
After the consultation closing date, we will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.
We look forward to receiving your response.