Rape victims will no longer be portrayed as serial liars in courts in England and Wales, part of the biggest shock “in a generation”, the Guardian has revealed.
Justice Secretary David Lammy said the new measures would prevent a “grave injustice” by allowing victims to be interrogated about past rapes they have reported to police, sometimes without warning.
Lammy, who announced on Tuesday that jury trials would be abolished for cases where the sentence is likely to be less than three years, said too many rape victims left the criminal justice system feeling that they had been prosecuted, with defense barristers using sensitive details of past relationships and abuse to discredit them.
She said: “This is a profound injustice, and it has left too many women and girls out of the justice system altogether. It must stop, and our new reforms will ensure survivors are not demonized for the abuse they suffered.”
Under the new laws, “bad character” evidence related to a victim’s past sexual history or abuse will no longer be allowed unless attorneys have evidence to suggest the complainant previously lied. Previous compensation claims by victims for experiences of crime will be banned under the same conditions.
The changes will make it easier for prosecuting barristers to introduce “bad character” evidence about defendants in domestic abuse cases. The new law, which is expected to be introduced into Parliament next year, will mean that any type of domestic abuse crime – even if committed against a different victim – will be admissible in court.
The measures come a day after the government announced £550 million of funding for victim support, which it said would help rape complainants by formalizing special measures such as companions for victims, the use of courtroom screens and the court’s power to pre-record evidence.
The move is designed to encourage complainants to maintain confidence in the criminal justice system, which Lammy described as “on the brink of complete collapse”. Official projections suggest the Crown Court backlog could reach more than 105,000 cases by March 2029, and trials are now reported to be listed until 2030.
Rape victims, who in some cases are waiting up to four years for a court date, are abandoning lawsuits in record numbers. Victims and witnesses are five times more likely to leave cases in 2024 than before the pandemic, according to an analysis by the Criminal Bar Association published in the Observer.
Alex Davies-Jones, Minister for Violence Against Women and Girls, said the change was an important part of the government’s mission to halve violence against women in a decade.
He said: “This is probably the biggest (change) to how victims experience trials for a generation. It’s about making sure victims are giving the best possible evidence, they don’t feel like they’re on trial and they’re able to see justice being done.”
Professor Katrin Hohl, the government’s independent adviser on sexual violence, said the new measures would help “focus more on the credibility of the victim” rather than “where she is”.
Asked whether existing laws relating to violence against women and girls were misogynistic, she said: “Parts of it, yes. For example, this practice.”
She added, “I think somewhere there is an acknowledgment that some of the laws we currently have are based on deeply problematic beliefs about sexual violence. It’s a recognition that some of our laws are based on myths and misconceptions, and we need to fix that. Admitting that is a big step.”
The move was welcomed by campaigners, who have lobbied for changes to the laws to provide greater protection for victims.
Maxim Rawson, head of policy at Rape Crisis England and Wales, said that with half of rape survivors experiencing sexual violence more than once in their lifetime, current laws mean they may be penalized for their own vulnerability and the failings of the state.
She said: “If implemented well, we hope this new law will mean women will stop being undermined and cross-examined over irrelevant and unrelated past experiences.”
‘I was stunned… I asked the judge: “Do I need to answer this?”
Penelope* has prepared to appear in court after telling police that her former partner, a man almost twice her age, had raped and forcefully controlled her.
But she had no way of preparing herself for the moment when her former partner’s barrister asked her, without warning, about the sexual abuse her father had inflicted on her as a child.
“I was just shocked and I really didn’t know what to do,” she said. “I asked the judge ‘Do I need to answer this?’ And he just asked me to answer the question.
During the magistrates court trial, during which her former partner was charged with coercive control but not rape, she was asked about purchasing sex toys and told that she “liked sex”. At no time, he said, did the prosecuting barrister from the Crown Prosecution Service intervene.
She said, “I just blacked out, and my heart started racing, and I was completely out cold.” “I felt very vulnerable and in shock. I didn’t feel like I could answer many questions after that.”
She had never talked about the abuse except to her former partner and said she was grateful her mother was not seeing it. The former partner who she says abused her was acquitted.
Penelope hopes a change in the law that will stop barristers asking about previous complaints, whether or not they have been proven guilty, will stop other complainants going through similar “terrible” experiences. “This will absolutely help other survivors of abuse,” she said.
*names have been changed
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