Why is this a problem?
- Currently, a survivor could be questioned in front of a jury about a previous experience of abuse, even if it happened years earlier and was committed by a different perpetrator.
- In some cases, defence lawyers use this to argue the survivor is lying, claiming that having reported abuse before makes them less credible.
- Even when there is no basis to believe a previous disclosure was false, judges may allow such questioning. Cross-examination often happens unexpectedly—sometimes even when the survivor is already giving evidence. The impact can be devastating.
- What this harmful tactic ignores is the reality that many women are subjected to more than one incident of sexual violence in their lives. In fact, 1 in 2 adult survivors of rape have experienced sexual violence more than once.
- Judges apply the law inconsistently, leading to unpredictable and often harmful outcomes for survivors.
- In other cases, police and the Crown Prosecution Service (CPS) are using the fact that a survivor has previously disclosed sexual violence as a reason not to prosecute their case, in anticipation of a defence barrister using this against them at court.
❗ Survivors tell us they feel disbelieved, blamed and retraumatised, all while they're simply trying to seek justice.
Have you been affected by this issue?
Please know that you're not alone.
If you're a survivor who's reported what happened to the police – or are thinking about reporting – your local Rape Crisis centre may be able to support you through the criminal justice process.
We also have lots of other information and support that might help.
If you've been impacted directly by this issue and want to share your experience, please get in touch.
Email our Policy team campaigns@rapecrisis.org.uk