Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that rape victims are not subjected to cross-examination on their rape case in court hearings on unrelated matters; and what recourse would be available to rape victims in such circumstances.

The court experience can be a particularly distressing part of the process for victims, especially when they are giving evidence and undergoing cross-examination. There are already measures in place to limit what can be asked of victims, including Section 41 of the Youth Justice and Criminal Evidence Act 1999 prohibits the defence from adducing any evidence (or asking any questions) relating to a complainant’s past sexual behaviour except for in very limited circumstances. In order for the defence to adduce any such evidence they must apply to the judge and pass stringent tests of the relevance of the evidence, and the need for it to be adduced.

However, the Government is clear that only evidence pertinent to the case is used in court. In the End-to-End Rape Review Report on Findings and Actions published in summer 2021, the Government announced that the Law Commission would examine the law, guidance and practice relating to the use of evidence in prosecutions of serious sexual offences and consider the need for reform. This project launched in December and is considering issues including the way rape myths are tackled as part of the court process as well as reviewing the rules relating to the use of the complainant’s medical and counselling records during a trial. The project will also review the availability of alternative arrangements and special measures for giving evidence to protect complainants during the trial process.