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.
