The amendments aim to strengthen the fairness of trials for victims by disregarding myths
The UK justice ministry has announced government reforms to bolster support and strengthen the fairness of trials for victims of rape and serious sexual violence.
The amendments seek to address rape myths; for instance, past rape allegations made by the victim can no longer be presented as evidence in a defendant’s argument unless the accusations are confirmed to be genuinely valuable. The admissibility threshold to disclosing a victim’s sexual history will also be increased, simplifying current legislation and requiring judges to consider that rape myths may be perpetuated in allowing a victim’s sexual history to count as evidence.
In line with Law Commission studies into improving victims’ experience in sexual offense trials, the government will also increase the admissibility threshold for past compensation claims for experiences of crime by victims at trial, shielding distressed victims from being accused of seeking financial reward. The government will also legislate the use of previous convictions evidencing domestic abuse in trials involving subsequent domestic abuse-related offenses in the understanding that sexual offenses are often perpetrated at home.
The reforms seek to address the trauma experienced by victims during trials, causing many to drop their cases.
“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,” said Katrin Hohl, independent advisor to the UK government on criminal justice responses to sexual violence, in a statement. “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.”
The Annual Victims’ Survey 2024 report published last month by the late Helen Newlove, former victims’ commissioner for England and Wales, revealed that just 42 percent of victims believed they would achieve justice.
“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,” deputy prime minister David Lammy said.
The initiative to restore victims’ trust in the justice system is aligned with the government’s plan for change, which aims to halve the incidents of violence against women and girls in the span of 10 years. A spokesperson for the End Violence Against Women Coalition, Imkaan, and Rape Crisis England & Wales said the organizations would be reviewing the government’s proposals.
In July, the UK Law Commission sought training for lawyers in relation to rape myths.
