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Convicting Rapists/Protecting Victims

The hon. Gentleman makes an important point, but juries currently receive some training on the general functions of juries in the form of a film, or short TV programme. I am attracted to the suggestion that the myth-busting document be delivered not as a booklet, which will have a rather limited impact, but as a film or TV programme. However, I add that the possibility of oral expert evidence should be left open. As I understand it, the Government's objection to that—the hon. Gentleman reflected this point—is that it would lead to a battle of experts. There would be an expert on one side and an expert on the other, and then a whole day would be spent in bickering. Under rule 35 of the civil procedure rules—I must admit that I am more familiar with them than with the criminal procedure rules—the court has a power to order the parties to produce a single expert, agreed on by a panel. That might be a way forward that allows the possibility of an oral general expert witness system. I want to make one further point about what happens at trial. It concerns sexual history evidence. I ask the Government to reflect further on a long-standing problem. A great deal of work has gone into the question of whether the former practice of regularly cross-examining women on their sexual history deters people from reporting rape, and it clearly does. The law has been reformed, but a report for the Government by Kelly, Temkin and Griffiths showed a need for further reform, further clarity in the law, and further care to be taken over the extent to which that evidence is allowed. It is true that for the most part, that evidence is now handled far more sensitively than it was before—partly, I suspect, because defence lawyers who go over the top with that sort of evidence know that what they are doing may be taken into account by the judge on sentence. Nevertheless, there is research on that point which indicates that a further look should be taken at such evidence. The Government are on the right track and I congratulate them on the document that they have produced, but there is a very long way to go before we get justice for the victims of rape.