Prosecutors given new guidance over nude selfie and app stereotypes in rape cases

Prosecutors are being given a list of myths and stereotypes they should be prepared to challenge when handling rape and sexual assault cases. 

The new guidance includes advice on challenging assumptions over victims sharing nude selfies or having met their attacker via a dating app.

It is the first time in eight years that the Crown Prosecution Service’s (CPS) guidelines for lawyers have been fully updated.

The legal guidance, which comes into use on 1 November, includes false statements such as “if you send sexual images or messages prior to meeting someone, then having sex is inevitable” and “if you meet men online or through hook-up apps you want sex and should be ready to offer sex”.

Siobhan Blake, CPS rape lead, said explicit photos and use of such apps should not be taken as “blanket consent” for sexual contact.

She said: “The critical issue is around consent, and the giving and understanding of consent.

“We must not as a society or indeed as prosecutors get distracted by some of the peripheral behaviours that might seem quite unusual to us.

“In essence a person can send a naked selfie for instance one day, that is not any sort of blanket consent to a sexual encounter on another day.

“Simply because somebody’s on a hook-up app, it doesn’t mean that they’re giving some sort of blanket consent to any sort of sexual contact.”

Other myths in the list include:

• Sending explicit photos mean a person gives consent
• The use of apps means consent
• The type of clothing a person is wearing mean they give consent
• Flirting means a person wants to have sex
• A person being intoxicated mean the attacker does not bear responsibility

The guidance also highlights the increasing number of rapes and sexual assaults associated with “chemsex”, which may mean victims are concerned about being prosecuted for drug use.

It says: “Chemsex is the term used to describe sexual activity that occurs when the parties are under the influence of drugs taken immediately preceding and/or during the sexual activity. It is particularly commonplace within the homosexual community.

“Prosecutors should be aware that victims of rape and/or sexual assaults committed within the chemsex setting may be reluctant to engage with a prosecution for fear of disclosing offences they have committed with respect to the use or supply of prohibited drugs.”

It stresses the impact of trauma on victims that can hamper their ability to remember or give a consistent account of what happened.

At the end of July, CPS figures showed that the number of rape convictions had fallen to a record low in England and Wales.

Just 1,439 alleged rapists were convicted of rape or lesser offences in 2019/20 – down 25% from 1,925 the previous year.

The number of completed prosecutions also reached a record low, with 2,102 in 2019/20, compared to 3,034 in 2018/19, a fall of around 31%.

(c) Sky News 2020: Prosecutors given new guidance over nude selfie and app stereotypes in rape cases