Rape victims will no longer be depicted as serial liars in courtrooms in England and Wales as part of the biggest shake-up “in a generation”, the Guardian can reveal.
New measures will stop the “profound injustice” of victims being questioned, sometimes without warning, about past rapes that they have reported to the police, said David Lammy, the justice secretary.
Lammy, who on Tuesday announced jury trials would be scrapped for cases where sentences are likely to be less than three years, said too many rape victims left the criminal justice system feeling like they had been put on trial, with defence barristers using sensitive details of past relationships and abuse to discredit them.
He said: “That is a profound injustice, and it has driven far too many women and girls out of the justice system altogether. This must stop, and our new reforms will ensure that survivors are not demonised for the abuse they have suffered.”
Under new laws, “bad character” evidence related to a victim’s past sexual history or abuse will no longer be allowed, unless lawyers have evidence to suggest a complainant has previously lied. Previous compensation claims for experiences of crime by victims will be banned under similar conditions.
The changes will make it easier for prosecuting barristers to introduce “bad character” evidence about defendants in domestic abuse cases. New legislation, expected to be put before parliament next year, will mean a domestic abuse offence of any type – even if against a different victim – will be admissible in court.
The measures come a day after the government announced £550m of funding for victim support, which it said would help rape complainants by formalising 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 keep faith in the criminal justice system, which Lammy has described as on the “brink of total collapse”. Official projections suggest the crown court backlog could reach more than 105,000 cases by March 2029, and reports of trials now being listed as far away as 2030.
Rape victims, who are waiting up to four years for a court date in some cases, are abandoning trials in record numbers. According to an analysis by the Criminal Bar Association, published in the Observer, victims and witnesses abandoned five times more cases in 2024 than before the pandemic.
Alex Davies-Jones, the minister for violence against women and girls, said the shake-up was a key part of the government’s mission to halve violence against women in a decade.
She said: “This is probably the biggest [change] in how victims experience trials for a generation. It’s about making sure that victims are giving the best evidence possible, they don’t feel like they are the ones on trial and they are able to see justice being done.”
Prof Katrin Hohl, the government’s independent adviser on sexual violence, said the new measures would help keep “the focus where it belongs” instead of “over-focusing on the credibility of the victim”.
Asked if current laws around violence against women and girls were misogynistic, she said: “Parts of it, yes. For example, this practice.”
She added: “I think somewhere in there is an admission that some of the law we currently have is based on deeply problematic beliefs about sexual violence. It’s a recognition that some of our law is shaped by myth and misconceptions, and we need to fix that. Admitting that is a big step.”
The move was welcomed by campaigners, who have lobbied for a change in laws to provide greater protection for victims.
Maxime Rowson, the 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 meant they could be penalised for their own vulnerability and the failures of the state.
She said: “If implemented well, we hope this new law will mean an end to women being undermined and cross-examined on irrelevant and unrelated past experiences.”
‘I just froze … I asked the judge: “Do I need to answer this?”’
Penelope* had steeled herself for her court appearance after telling police that her ex-partner, a man nearly twice her age, had raped and coercively controlled her.
But she had no way of preparing herself for the moment that her ex-partner’s barrister asked her, without warning, about the sexual abuse her father had inflicted upon her as a child.
“I just absolutely froze, and I didn’t really know what to do,” she said. “I asked the judge ‘do I need to answer this?’ and she just told me to answer the question.”
During the trial at a magistrates court, during which her ex-partner was facing a charge of coercive control but not rape, she had already been asked about buying sex toys and told she “loved sex”. At no point did the prosecuting barrister from the Crown Prosecution Service intervene, she said.
“I just froze, and my heart just started beating, and I went completely cold,” she said. “I just felt so vulnerable and so in shock. I didn’t feel like I could answer many questions after that.”
She had never spoken about the abuse, except with her ex-partner and said she was grateful that her mother was not watching. The ex-partner who she says abused her, was acquitted.
Penelope hopes a change in the law, which will ban barristers from asking about past complaints, whether or not they lead to a conviction, will stop other complainants having to go through similarly “horrendous” experiences. “It will absolutely help other survivors of abuse,” she said.
* Names have been changed
• Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the UK, Rape Crisis offers support on 0808 500 2222 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html
