End ‘Bad Character’ Evidence in Rape Trials: Survivors Deserve Justice, Not Cross-Examination on Their Trauma
7th May 2025
This week, the government introduced a new Victims and Prisoners Bill - a piece of legislation that aims to better support and protect victims in the justice system. But one deeply harmful, outdated practice is being ignored: the use of survivors' previous experiences of sexual violence to discredit them in court.
This isn’t justice - it’s retraumatisation. So, alongside Centre for Women’s Justice, End Violence Against Women, Rape Crisis England & Wales, and Rights of Women we’re calling on the government to end it.
Read our joint briefing here. And get informed on what the system is still getting wrong, below.
What is ‘Bad Character’ Evidence?
When a woman reports rape, defence lawyers can - and often do - drag up previous experiences of sexual violence that she’s disclosed. Even if those experiences were never reported to police. Even if they didn’t result in charges. These disclosures might have been made to a doctor, a therapist, a support worker - or even to the police in an unrelated case.
In other words: her courage in speaking up about past trauma is turned into courtroom ammunition against her.
She’s painted as unreliable. Promiscuous. Attention-seeking. Untrustworthy. It’s rape culture, dressed in legal robes.
It tells survivors: If this has happened before, stay silent next time.
It tells juries: If a woman’s experienced sexual violence more than once, she must be lying.
It tells society: A survivor’s trauma is fair game if it helps the accused walk free.
And it’s unacceptable.
An added layer of harm for Black & minoritised women already being failed by the system
For Black and minoritised women and girls, the stakes are already unbearably high. These communities face higher levels of scrutiny, disbelief, and systemic bias at every stage - from the police station to the courtroom. This issue goes far beyond the actions of individual lawyers or isolated cases; it's about a system that was never designed to protect us. Now, the use of past trauma as 'bad character' evidence adds another layer of harm, rooted in racialised assumptions and misogyny, further perpetuating the injustice. Survivors deserve better, not more trauma. The courts must do better.
The Law Must Change
Alongside the Centre for Women’s Justice, End Violence Against Women, Rape Crisis England & Wales, and Rights of Women, we are calling for urgent reform. The government must amend the Victims and Courts Bill to close the dangerous loophole that allows unrelated and unevidenced disclosures to shame, intimidate, or discredit survivors in court.
We demand an amendment to Section 100 of the Criminal Justice Act, which governs the admission of 'bad character' evidence. Judges need clear guidance on when such disclosures are relevant, and when they’re simply harmful.
The law must clarify that past disclosures should not automatically justify the use of evidence in the following cases:
When a survivor did not report the incident to the police
When a survivor did not pursue prosecution
When the police or CPS dropped the case
When a case ended in acquittal, even if the jury believed the accused was likely guilty
We propose a clear standard for what evidence meets the “substantive probative value” threshold required by Section 100 to be admitted as ‘bad character’ evidence.
This is not a legal technicality - this is about justice.
Survivors are being retraumatised by the very systems meant to protect them. The courts should deliver justice, not perpetuate patriarchy and racial bias.
It’s time to stop punishing people for surviving.
We urge the government to amend the Bill. No one should be forced to choose between speaking up and being torn apart in court.
Insights from the VAWG sector
“We know that Black and minoritised victim-survivors of rape and sexual violence are less likely to be believed and are treated more harshly by the police, courts and juries because of the enduring impact of systemic racism and misogyny. It’s critical that we strengthen the legal system to ensure that previous disclosures of sexual violence are not used by the courts to unfairly undermine the credibility of survivors, re-traumatise and deny their access to justice.”
— Sumanta Roy, Head of Research, Evaluation and Development at Imkaan
“It is deeply unfair for rape survivors to be accused of lying, simply because they have come forward to disclose other sexual offending in the past. We need to tighten up the law to ensure that our criminal justice system reflects the protections that the Court of Appeal has laid down.”
— Nogah Ofer, solicitor at Centre for Women’s Justice
“The criminal justice system can often be a site of harm for survivors, rather than a route to justice. This must change. One clear way the government can address this is by strengthening the Victims and Courts Bill to restrict the use of a survivor’s previous experiences of sexual violence as part of a defence strategy. The reality is that many women experience multiple incidents of sexual violence over their lifetime—this should not be used against them. This traumatic and profoundly distressing practice undermines their ability to give evidence. It must be stopped.”
— Rebecca Hitchen, Head of Policy & Campaigns at the End Violence Against Women Coalition (EVAW)
“1 in 2 adult survivors of rape have experienced sexual violence more than once. Some choose to disclose the abuse to employers, support services or medical professionals only, who make a record of this disclosure which is never reported to the police. Others do go to the police, but fewer than 6% of reported rapes lead to prosecution due to there being insufficient evidence available.
What’s deeply troubling is that when survivors report further abuse, their past experiences of sexual violence can be used against them—suggesting they are now lying. That is simply unacceptable.
The criminal justice system should protect survivors, not cause more harm. Yet, time and again, survivors tell us that going through the system feels re-traumatising. The Victims and Courts Bill is a crucial chance to change that—by stopping the use of so-called ‘bad character’ evidence that unfairly discredits survivors in court.”
— Maxime Rowson, Policy Lead at Rape Crisis England & Wales
“Every day, survivors reach out to Rights of Women for support as they navigate a complex justice system that was not designed to meet their needs and so often leaves them re-traumatised. We welcome the opportunity this Bill presents to centre those needs, protect their rights and increase accountability. This Bill must form part of a wider and systemic effort to address problematic attitudes towards sexual violence, particularly in relation to previous reports, and to address VAWG at its root in social injustice and inequality.”
— Hannah Couchman, Senior Legal Officer at Rights of Women
Our joint briefing - including detailed context and real case studies - is available here: