Government to change victim “bad character” law following campaign by Professor Katrin Hohl OBE

Survivors of rape will no longer face unrelated victim “bad character” evidence, following the announcement of legislative reform in England and Wales which aims to change how rape victims are treated in court.

Professor Katrin Hohl OBE, criminologist at City St George’s, University of London and Independent Advisor to UK Government on criminal justice responses to sexual offences, campaigned for the change, and provided expert guidance on policy change during a Justice Committee session in the House of Commons.

The reform will mean survivors cannot be crossexamined about unrelated experiences of violence or previous instances reporting rape to the police, which is used to undermine complainants’ credibility.

Professor Hohl told BBC Radio 4 that these crossexaminations put victims on “a trial within a trial”, and stopping this kind of evidence ensures court proceedings focus on relevant facts.

Professor Hohl said:

This is a huge win.

For rape victims to be crossexamined about previous experiences of violence, even when it’s wholly unrelated to this defendant and case, is deeply traumatic and used to disorient and discredit the victim.

The new law tightens the rules so the focus is where it belongs: the defendant and the facts relevant to the case.

I cannot thank Victims Minister Alex Davies-Jones enough for championing this from the first time I discussed it with her, the Ministry of Justice UK for acting swiftly and diligently, and above all the countless survivors who have shared their stories with the ‘bad experiences, not bad character’ campaign.

Research by the former Victims’ Commissioner shows that, in 2024, nearly 60% of victims overall believed they couldn’t get justice.

The “bad character” law reform aims to counter pervasive rape myths that have dissuaded survivors from pursuing justice, with data showing that survivors who have experienced sexual violence are more likely to experience it multiple times.

The Minister for Victims and Tackling Violence Against Women and Girls, Alex Davies-Jones MP, emphasised the importance of these reforms in reforming trial culture and encouraging victims to come forward. She said:

Facing their rapist at trial is already one of the most difficult things a victim will ever have to do. The very least they can expect is not to be demonised for their experiences or made a spectacle of in the courtroom.

These reforms are crucial to making the justice system a safe and supportive space for women.

I thank the Law Commission and Katrin Hohl for their exemplary work in this space highlighting the injustices which women face.

Rebuilding trust for rape victims is part of the government’s Plan for Change and mission to halve violence against women and girls in a decade.

Deputy Prime Minister, David Lammy, said:

Far too many victims of rape are dropping out of the system because they feel that they are the ones on trial. This has enabled vile rapists to evade the punishment they deserve for far too long.

This must stop. We must rebalance the justice system to serve victims first and foremost, and that starts with the crucial reforms we’re bringing forward today.

Professor Hohl was one of the advocates of the Bad Experiences, Not Bad Character campaign. The campaign was launched by women’s rights groups Rape Crisis England & Wales, the Centre for Women's Justice, End Violence Against Women Coalition, Imkaan and Rights of Women.

She co-led Operation Soteria, a project which overhauled police investigations into rape and serious sexual offenses. The project improved victim experiences by shifting to suspect-focused investigations and moving away from focus solely on victim credibility. It developed a standardised, national model for investigations with collaborations between police forces and the Crown Protection Service (CPS).