Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will amend section 100 of the Criminal Justice Act 2003 to ensure victims of rape and sexual violence do not have their past disclosures used as evidence to drop their case.

This Government is committed to improving public confidence in the criminal justice system, so that victims feel the system is fair and justice will be done.

The Law Commission is currently concluding its comprehensive review into the use of evidence in sexual offence prosecutions, including the use of evidence relating to victims’ past disclosures. They are reviewing the law, practice, guidance and procedure in sexual offence cases and will make recommendations for reform, so that practitioners throughout the criminal justice system do not unfairly rely on myths and misconceptions when reviewing evidence and making decisions.

We wish to carefully consider the Law Commission’s recommendations on this and on other related measures, to ensure that our approach takes on board their in-depth consideration, and to avoid making piecemeal legislative change.