Reflecting on Prima Facie: From the Stage to the Courtroom

Ongoing Government Reforms Following the Rape Review and Law Commission Work

1. New Evidence and Trial Fairness Rules

Under reforms announced in late 2025, tighter limits have been placed on the use of a complainant’s sexual history and prior allegations as defence evidence in the Crown Court. Such material will now only be admitted if it meets a higher threshold of relevance and probative value, helping to prevent retraumatisation and myth-based arguments.

Proposals advanced by advocacy organisations, have influenced reforms, including:

• Making it more difficult to cross-examine complainants about prior sexual history or abuse where it has no clear relevance to the issues in the case

• Preventing speculative suggestions that complainants are motivated by compensation claims

• Strengthening judicial oversight of questioning that risks perpetuating rape myths

Section 100 – Bad Character Evidence

Section 100 of the Criminal Justice Act 2003 governs the admissibility of bad character evidence relating to non-defendants, including complainants. Its use in sexual offence trials has been controversial.

Recent reform discussions have emphasised:

• Tighter scrutiny of applications to introduce bad character evidence relating to complainants

• Clearer judicial reasoning when such evidence is admitted

• Ensuring that irrelevant or prejudicial material is excluded unless it has substantial probative value

At the same time, courts have confirmed that, in appropriate cases, previous convictions for domestic abuse committed by defendants may be admissible as bad character evidence. This can provide necessary context in domestic rape trials and assist juries in understanding patterns of behaviour.

2. Independent Sexual Violence Advisors (ISVAs) Recognised in Law

ISVAs, who play a crucial role in supporting complainants through complex and often lengthy proceedings, are now formally recognised within statutory guidance. This aims to improve consistency, clarity of role, and awareness across jurisdictions

3. Reduction of Intrusive Material Requests

New Crown Prosecution Service (CPS) guidance seeks to restrict unnecessary or excessive requests for third-party material, such as personal or medical records, which can cause additional distress and delay for complainants.

Crown Court Listing and Backlog Management

Long waits to trial in adult rape cases remain a well-documented problem. Average delays in the Crown Court have exceeded a year, with some cases waiting significantly longer.

Prioritisation of Older Rape Cases

Judicial initiatives have sought to prioritise the oldest rape cases in the backlog—particularly those pending for two years or more—so they can be listed sooner where possible.

Broader System Reforms Affecting RASSO Trials

Reforms such as the Courts and Tribunals Bill are designed to address the overall Crown Court backlog. Although not specific to RASSO, these reforms directly affect rape cases by influencing listing practices, judicial capacity, and case management structures.

Cultural and Training Shifts in Court Practice

There has been increased awareness and expanded training for prosecutors, judges, and court staff to address rape myths and unconscious bias in trials. These developments align with recommendations from the Law Commission and the End-to-End Rape Review, and reflect sustained pressure from victims’ advocacy organisations.

While not a single legislative change, this cultural shift is significant in shaping courtroom practice.

Systemic Pressures That Remain

Despite reform efforts, substantial structural challenges continue.

Severe Crown Court Backlog

Rape cases still face significant delays, driven by resource constraints, pandemic backlogs, and wider systemic pressures. While reform proposals—such as changes to trial structures—aim to reduce delays, they remain controversial and may take years to produce measurable impact.

Debate Over Jury Trials

Wider discussions about criminal justice reform have included proposals to alter how certain cases are tried, including the possibility of judge-only trials or modified listing mechanisms. Although not specific to rape cases, these debates have potential implications for RASSO proceedings and the broader balance between efficiency and fairness.

Prima Facie forced audiences to confront uncomfortable truths about how the system operates. Reform is underway. The question remains whether it is sufficient and consistent — and whether it is truly transforming the lived experience of those navigating the justice system.

Read more about Justice is Now and  work.