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Use of Evidence in Sexual Offence Prosecutions
03 December 2025
Type
Written Ministerial Statement
Department
Ministry of Justice
At a Glance
Issue Summary
The Government is introducing legislative changes to prevent the misuse of evidence in sexual offence prosecutions based on recommendations from the Law Commission's report.
Action Requested
Legislation will be introduced to establish a clear statutory threshold for admitting 'victim bad character' evidence, set a higher admissibility threshold for victims’ compensation claim evidence, amend the threshold for sexual behaviour evidence, allow domestic abuse convictions of any kind to demonstrate propensity for further offending in similar contexts, and strengthen support for witnesses through special measures.
Key Facts
- The Law Commission published a report titled ‘Evidence in Sexual Offences Prosecutions: A Final Report’.
- Legislation will create a threshold for admitting 'victim bad character' evidence.
- Compensation claim evidence must have substantial probative value to be admitted.
- Sexual behaviour evidence must have substantial probative value or be important explanatory evidence.
- Domestic abuse convictions of any type can demonstrate propensity for further domestic abuse offences.
- Witnesses will be allowed companions when giving evidence and courtroom screens to shield them from the defendant.
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