Rape and Serious Sexual Offences: Jury Directions Debate
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(1 day, 12 hours ago)
Lords Chamber
Baroness Levitt
To ask His Majesty’s Government what assessment they have made of introducing mandatory jury directions on harmful myths and stereotypes in trials for rape and serious sexual offences; and the potential implications of this for confidence in the criminal justice system among victims and the public.
My Lords, I remind the House to exercise our customary caution in refraining from references to ongoing investigations or court processes.
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Lemos) (Lab)
My Lords, independent judges already can and do give directions concerning rape myths, based on the specifics of each case. In the Courts and Tribunals Bill, we are taking action to stop rape myths being weaponised in court, ensuring that previous allegations of rape or compensation claim information cannot be used unfairly as evidence. We will consider my noble friend Lady Levitt’s amendments to the Bill on this issue, which will be debated next week.
Baroness Levitt (Lab)
My Lords, Russell Brand has just been sentenced to 10 and a half years’ imprisonment. Irrespective of the accuracy of every detail reported from the trial, the reports themselves have caused considerable distress to victims and grave concern among those who support them. I welcome the Prime Minister’s recognition of that harm. Does my noble friend agree that, while most judges follow best practice by directing juries about harmful myths and stereotypes, the fact that some do not means that it is now time for Parliament to require that such a direction be given—before any evidence is heard, not just at the end of the trial, when the damage may have already been done?
Lord Lemos (Lab)
My Lords, your Lordships would not expect me to comment on the Russell Brand case but I will say this: I pay tribute to the courage of the victims in seeing this case brought to justice. On the wider question, judges give a tailored direction to assist the jury where they deem it necessary, based on the specifics of each case. The primary source of guidance, as my noble friend knows, is the Judicial College’s Crown Court Compendium, which gives examples where guidance may be necessary. All judges who hear sexual offences in the court receive specific training through RASSO ticketing. The specific issue my noble friend raises is exactly what we will be debating in relation to her amendment.