Crucial reforms to give rape victims a fairer trial
Rape victims will receive better support and fairer trials under new government reforms to stamp out rape myths and restore faith in the justice system.
- Rape victims to receive better support and fairer trials under new government reforms
- Changes to stamp out rape myths and prevent victims dropping out due to trauma at trial
- Part of Plan for Change to stand up for victims, restore faith in justice system, and halve violence against women and girls in a decade
Victims of rape and serious sexual violence will receive greater support and will no longer be vilified by previous experiences of sexual violence under government reforms to give survivors a fairer trial.
Abhorrent sexual violence among women and girls remains one of the biggest issues society faces. Yet many brave victims who come forward are far too often accused of lying at trial - retraumatising survivors, increasing the risk of them dropping out of the justice system altogether, and allowing vile perpetrators to evade justice.
To clamp down on pernicious rape myths and make sure victims are believed, previous allegations of rape made by the victim will now not be used as evidence in favour of the accused unless proven genuinely valuable.
A new higher admissibility threshold will also apply to divulging the sexual history of the victim – something which causes further emotional harm and distracts from the real issue at hand. This will simplify legislation already in place and require that judges consider that the use of sexual history as evidence may perpetuate rape myths.
Alarming research by the former Victims’ Commissioner shows that, in 2024, nearly 60% of victims overall believed they couldn’t get justice. Rebuilding this trust for rape victims is crucial to the government’s Plan for Change and mission to halve violence against women and girls in a decade.
Deputy Prime Minister, David Lammy, said:
Far too many victims of rape are 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.
Other measures being taken forward by the government following the Law Commission’s research into improving victim experience during sexual offence trials include:
- 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.
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.
Katrin Hohl, Independent Advisor to the UK government on Criminal Justice Responses to Sexual Violence, said:
This reform package improves procedural justice for rape victims and makes it harder for rape myths and misconceptions to cast undue shadow on victim credibility.
I am particularly pleased to see that unrelated sexual violence experienced by the victim can no longer be weaponised against them as so-called victim bad character evidence. It puts the focus of rape trials where it belongs – on the defendant and the facts relevant to the case.
A spokesperson for End Violence Against Women Coalition (EVAW), Imkaan, and Rape Crisis England & Wales, said:
Our ‘Bad Experiences Not Bad Character’ campaign has helped drive this vital change. We are pleased to see government’s intention to prevent survivors having unrelated trauma used against them inappropriately in court. This is also a necessary step towards improving practice across policing and the CPS.
Experiencing rape or sexual violence should never be treated as ‘bad character’ or reduced to someone’s ‘sexual history’. Yet for too long, victims and survivors have been forced to navigate a system where poor treatment has become almost routine. This is simply unacceptable.
We will examine the detail of today’s proposals carefully. As ever, what matters most is meaningful implementation and changes that affect the realities of women and girls’ lives.
This follows the Deputy Prime Minister’s bold action to address the courts emergency that has consigned victims to years of delay and pushed the justice system to the brink of total collapse. Among other once-in-a-generation reforms, Canadian style juryless trials for less serious cases will help tackle the growing court backlog. Jury trials for the most serious and all indictable offences – including rape – will be guaranteed.
The new measures also come after the government confirmed yesterday the biggest investment in victims support services to date, with £550 million earmarked over the next three years so that victims can access vital support and advice. An additional, £5 million a year will be invested by the Department of Health and Social Care.
Further information
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Other reforms being taken forward:
- 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.
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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.
- You can read the full Law Commission report here
- Victim data is taken from the Victims’ Commissioner’s Annual Victims’ Survey 2024