Rape suspects in the UK who have previously been charged with similar offences or exhibited deviant behaviour that avoided prosecution will now have their histories revealed more regularly in court, under new Crown Prosecution Service (CPS) guidance aimed at boosting sex crime conviction rates.
Prosecutors Directed to Use Bad Character Evidence
Prosecutors are now instructed to make greater use of a suspect's past behaviour patterns, including telling juries about earlier allegations, inappropriate conduct, and other relevant offences. This means juries may hear about previous incidents where a defendant was accused of similar behaviour—such as following someone home, acting aggressively in relationships, or committing other sexual offences—even if those incidents did not lead to a charge or conviction.
This type of evidence, legally known as “bad character evidence,” can help demonstrate patterns of behaviour and shift the focus in court onto the actions of the suspect rather than the victim. The new guidance encourages barristers prosecuting in court to consider applying to introduce this material “wherever it is relevant,” with the judge deciding whether it can be used.
Examples of Evidence Use in Previous Cases
Previous instances where the CPS has used such evidence in rape trials include successfully sharing with a jury a statement from a suspect's niece, who said he had kissed her in an inappropriate manner but that she had not reported it to the police. In another case, a previous rape acquittal for a man facing a new rape trial was explained to a jury, and the victim in the first case gave evidence in the second to show how her experience of his behaviour was similar to that of the victims in the new case.
Context: Rising Prosecution Numbers
The changes form part of a wider update to the CPS's Rape and Serious Sexual Offences (RASSO) guidance, aimed at strengthening how these cases are prosecuted. Last year, the CPS charged more rape-flagged cases than ever before. The number of completed rape prosecutions rose to the highest in a decade, with 4,616 prosecutions finalised in court in 2025—299 more than in 2024.
Official Statements on the New Guidance
Siobhan Blake, national CPS lead for RASSO, said: “Too often, victims of rape and sexual offences feel as though they are the ones on trial. We are determined to keep the focus where it belongs—on the suspect's actions and behaviour.” She added: “This updated guidance encourages prosecutors to work closely with police to build the fullest possible picture of a defendant's past behaviour, including identifying patterns that may be relevant to the case. That can mean asking the court to consider evidence of previous incidents—even where no conviction followed—if it helps demonstrate how the suspect has behaved.”
Stephen Parkinson, director of public prosecutions, said: “Tackling rape and serious sexual offences has been a personal priority for me from day one. These are some of the most serious offences we prosecute, and it is vital that our response gives victims the confidence to come forward. We know there is more to do, but improving how we handle these cases is central to building trust in the justice system.”
Victims' Commissioner for England and Wales, Claire Waxman OBE, said: “For too long in our justice system the focus has been on dismantling a victim's credibility, at the expense of a process that should focus on the suspect. It takes an extraordinary amount of courage for a victim of rape or sexual violence to come forward and go through the criminal justice process, and no one who has experienced such trauma should feel as if they are the one on trial. The shift to a suspect-focused investigative approach has had a hugely positive effect, and these new measures to prevent the misuse of so-called ‘sexsomnia’ or similar defences are another important step towards a more compassionate and effective justice system.”
Additional Updates to CPS Guidance
The updates come under the CPS's 2025-2030 Violence Against Women and Girls Strategy launched last year. When police refer a rape-flagged case to the CPS, seven in ten result in a charge being made, and of these, six in ten result in a conviction. Changes also include additional guidance about rape misconceptions and assumptions, incorporating academic research on how to tackle these in court. This covers how different groups may experience different misconceptions, encouraging prosecutors to assess the individual elements of each case.
Further guidance has been added on the use of experts to support prosecution cases, including in cases where the defence argues that ‘sexsomnia’ has occurred. Prosecutors are also now better informed on how to handle defence applications for inquiries into previous sexual allegations made by victims, ensuring these are only looked into when necessary as a reasonable line of inquiry. A significant number of changes have been made to the prosecution guidance to make it easier for prosecutors to use, allowing them to more readily find what they need to build the strongest possible case.
