Rape victims in England and Wales will be shielded from being portrayed as "serial liars" in court under sweeping legal reforms announced by the government. The changes, described as the most significant in a generation, aim to prevent the "profound injustice" of complainants feeling they are the ones on trial.
Ending the 'Profound Injustice'
Justice Secretary David Lammy revealed the new measures, which will curb defence barristers from questioning victims, sometimes without warning, about past rapes they have reported to police. Lammy stated that too many victims leave the justice system feeling traumatised, with sensitive details of past relationships and abuse used to discredit them.
"That is a profound injustice, and it has driven far too many women and girls out of the justice system altogether," Lammy said. "This must stop, and our new reforms will ensure that survivors are not demonised for the abuse they have suffered."
What the New Laws Will Change
Under the forthcoming legislation, expected before parliament next year, significant restrictions will be placed on "bad character" evidence related to a victim's past sexual history or abuse. Such evidence will only be permissible if lawyers possess concrete proof a complainant has lied previously.
Similarly, questions about previous compensation claims for crime-related experiences will be banned under the same strict conditions.
Conversely, the reforms will make it easier for prosecutors to introduce "bad character" evidence about defendants in domestic abuse cases. Any prior domestic abuse offence—even against a different victim—will become admissible in court.
A System Under Strain
The announcement follows a £550m funding pledge for victim support, intended to formalise special measures like companions for victims, courtroom screens, and pre-recorded evidence. This move is designed to bolster faith in a criminal justice system Lammy has warned is on the "brink of total collapse."
Official projections indicate the Crown Court backlog could exceed 105,000 cases by March 2029, with some trials now being scheduled as far ahead as 2030. Rape victims, facing waits of up to four years, are abandoning trials in record numbers. An analysis by the Criminal Bar Association found victims and witnesses abandoned five times more cases in 2024 than before the pandemic.
Campaigners and Experts Welcome Reforms
Alex Davies-Jones, the Minister for Violence Against Women and Girls, called the shake-up a cornerstone of the government's mission to halve violence against women within a decade. "This is probably the biggest [change] in how victims experience trials for a generation," she said.
Professor Katrin Hohl, the government's independent adviser on sexual violence, stated the measures would keep "the focus where it belongs" instead of "over-focusing on the credibility of the victim." When asked if current laws contained misogynistic elements, she replied, "Parts of it, yes. For example, this practice."
Campaigners have long lobbied for such changes. Maxime Rowson, Head of Policy at Rape Crisis England and Wales, highlighted that with half of survivors experiencing sexual violence more than once, current laws could penalise them for their vulnerability. "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," Rowson said.
A Survivor's Harrowing Experience
The necessity for reform is starkly illustrated by the experience of Penelope (name changed), a survivor who faced unexpected questioning about childhood sexual abuse by her father during her ex-partner's trial for coercive control.
"I just absolutely froze, and I didn't really know what to do," she recounted. "I asked the judge 'do I need to answer this?' and she just told me to answer the question." During the trial, she had also been asked about buying sex toys and told she "loved sex," with no intervention from the prosecuting barrister.
Her ex-partner was acquitted. Penelope hopes the legal change, which will ban questions about past complaints regardless of conviction, will spare others similarly "horrendous" ordeals. "It will absolutely help other survivors of abuse," she said.
Information and support for anyone affected by rape or sexual abuse is available from Rape Crisis on 0808 500 2222 in England and Wales.
