Proposals outlined in the Law Commission’s ‘Evidence in sexual offences prosecutions’ published earlier this year have been taken forward by government with better support for victims of rape and fairer trials part of new proposals.
Deputy prime minister, David Lammy, said the proposals have been introduced to stop victims of rape ‘dropping out of the system because they feel that they are the ones on trial.’
“This has enabled vile rapists to evade the punishment they deserve for far too long. This must stop. We must rebalance the justice system to serve victims first and foremost, and that starts with the crucial reforms we’re bringing forward today.”
The government has said victims often face vilification at trial, with accusations of lying retraumatising survivors. The proposals will see previous allegations of rape made by the victim no longer used as evidence in favour of the accused unless proven genuinely valuable.
A new, higher threshold for the sharing of sexual history of the victim will be established part of efforts to ‘clamp down on pernicious rape myths’.
Research conducted for the Victims’ Commissioner’s Annual Victims’ Survey 2024 revealed nearly 60% of rape victims believed they couldn’t get justice.
Minister for victims and tackling violence against women and girls, Alex Davies-Jones, said:
“Facing their rapist at trial is already one of the most difficult things a victim will ever have to do. The vast majority of these victims are brave women and girls who just want to be believed. The very least they can expect is not to be demonised for their experiences or made a spectacle of in the courtroom.”
“These reforms are crucial to making the justice system a safe and supportive space for women. I thank the Law Commission and Katrin Hohl for their exemplary work in this space highlighting the injustices which women face.”
Other reforms being taken forward include:
- Formalising the use of companions as a special measure to help witnesses give their best evidence, and clarifying when the court can exclude intimidating individuals from the public gallery.
- Previous compensation claims for experiences of crime by victims will also come with a much higher admissibility threshold at trial to prevent already distressed victims being branded ‘money-motivated’.
- Recognising that most sexual offences happen in the home, it will be enshrined in law that previous convictions evidencing domestic abuse can be used at trial for further domestic abuse related offences.
- The reforms will also clarify courtroom screens’ role in shielding witnesses from view of the defendant when they give evidence, allow victims to use special measures when reading their Victim Personal Statement, and enshrine in law the court’s power to edit pre-recorded evidence so it is suitable for use in proceedings.
Commenting on the proposals, Brett Dixon, vice president of the Law Society of England and Wales, said:
“We welcome the government’s commitment to improving how our criminal justice system treats complainants in rape cases.
“The law on admitting evidence of the complainant’s previous sexual history, criminal injuries claims and ‘bad character’ required reform which we support.
“While improving the experience of complainants is essential, it is equally important that any reforms also uphold defendants’ fair trial rights. The Law Commission carefully balanced these rights in its report* and we will review the government’s proposals to assess how this crucial balance is affected.”
Responding to the government’s announcement, Claire Waxman OBE, victims’ commissioner for England and Wales (designate), said:
“Only last week, in my final act as London Victims’ Commissioner, I hosted a special screening of Prima Facie, as we marked the global campaign to end violence against women and girls. We watched as the play laid bare the brutal reality of our court system – showing how a rape survivor’s history is weaponised to dismantle their credibility.
“At that event, we called for change. Today, I am pleased to see the government answering that call.
“I strongly welcome the measures announced to stop victims’ past allegations being used against them. The ‘Bad Experiences Not Bad Character’ campaign has been vital in highlighting this injustice, and I have been proud to support it.
“As I prepare to take up the role of Victims’ Commissioner for England and Wales, I look forward to working with the government to ensure these reforms are delivered effectively, turning these welcome words into meaningful change in the courtroom”
