Today, I am pleased to announce that this Government will be bringing forward legislation to prevent the misuse of evidence in sexual offence prosecutions.
These changes follow a comprehensive report published by the Law Commission entitled “Evidence in sexual offences prosecutions: a final report”. This report specifically considered how myths and misconceptions about sexual violence permeate the trial process and influence jurors’ deliberations. Its recommendations aim to improve the treatment and experience of victims at court, while ensuring that defendants receive a fair trial. I would like to take this opportunity to thank the Law Commission for its detailed work on this complex matter.
First, we will create a clear statutory threshold for admitting “victim bad character” evidence. Where a defendant seeks to rely on an allegation that a victim has previously lied about being a victim of a sexual offence, that allegation must have a proper evidential basis before it can be admitted as evidence in criminal proceedings. The fact that a previous allegation was not reported, or did not lead to charge or conviction, will not be sufficient to reach this threshold.
Secondly, we will introduce legislation providing a higher admissibility threshold for victims’ compensation claim evidence in trials concerning sexual offences, providing that this evidence cannot be admitted unless it has substantial probative value. The fact that a victim has made a claim, and the outcome of this claim, are not sufficient grounds to insinuate that someone is bringing a case for the purposes of financial gain. This measure recognises that all victims of crime have a right seek compensation, and should not be unfairly stigmatised for doing so.
Thirdly, we will amend the threshold for the admissibility of sexual behaviour evidence. We want to ensure that the legislative threshold is clear, and can be consistently applied. New legislation will continue to provide that SBE should not as a rule be admitted, but if it is to be, it must have substantial probative value or be important explanatory evidence. Legislation will also ask judges to consider factors such as the risk that the evidence relies on myths and misconceptions.
In addition, we know that domestic abuse can take many forms, can escalate within a relationship or can present differently with different victims. Currently, unlike with certain categories of offences, legislation does not specify that domestic abuse convictions of any kind can demonstrate a propensity to commit further domestic abuse offences—especially if the previous offence was not the same type of offence as that which they are currently charged with. It means that, for example, evidence of a previous common assault may not be brought before the jury in a sexual offence case, even if both are occasions of partner abuse. We do not think this is right in the context of domestic abuse. We will ensure that domestic abuse offences of any type can be admitted to demonstrate a propensity for further offending in a domestic abuse context, against any victim—whether that is a conviction of coercive control followed by sexual offending, or physical abuse turned to economic abuse.
Recognising how daunting it can be for victims to give evidence, we will further strengthen the support available at court by bringing forward legislation on the use of special measures. This will allow witnesses to be accompanied by a companion when giving evidence, and will clarify the circumstances in which the court can exclude intimidating individuals from the public gallery or combine special measures, so that witnesses can give their best evidence. Our reforms will also clarify courtroom screens’ role in shielding witnesses from view of the defendant when they give evidence, allow victims to use special measures when reading their victim personal statement and enshrine in law the court’s power to edit pre-recorded evidence so it is suitable for use in proceedings and free from inadmissible or irrelevant material.
I hope that these changes will give victims the confidence that they will be treated fairly in court, while preserving judicial independence and the right to a fair trial.
I would like to thank all of those who have campaigned on these issues over recent months and years. I look forward to bringing these important changes to legislation before the House.
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