Our thanks to ETI for this. They write:

“The Law Commission published its ‘final piece of the rape review’ this week. An extract from the document – ‘At present, the legal framework requires complainants to explain their request for measures to assist them with giving evidence. Under the recommendations, complainants would have an entitlement to standard measures while they give their evidence, and would not need to justify their request.’ 

Nothing in the summary about false allegations, and just lip service to ‘defendants’, as expected. We remember Louise Casey largely debunking ‘rape myths’ in a review recently – Joshua Rozenberg saying ‘the only rape myths are that there are rape myths’ – but the Law Commission’s Penny Lewis seems to see them as doctrinal here. The question of ‘what IS rape now?’ is clearly too much of a question, and they don’t seem willing to countenance it yet. Two languages are being spoken. 

At least we’re already working on counter-discourse – but the assumption is that complainants need to have an easier time of the process, rather than looking at if the process should be happening at all.”

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