Harriet Harman – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Harriet Harman on 2016-10-18.

To ask the Secretary of State for Justice, whether she plans to review the law on use of complainants’ previous sexual history as evidence in rape cases; and if she will make a statement.

Sir Oliver Heald

This Government is committed to making sure that victims of sexual abuse and rape get the support they need and have the confidence to come forward. The Justice Secretary will be meeting rape support groups later this month to discuss what more we can do to support victims.

Section 41 of the Youth Justice and Criminal Evidence Act 1999 is intended to protect complainants of rape and other serious sexual offences by making clear that evidence of previous sexual history is inadmissible in court unless a strict set of criteria is met. It is right that applications to admit such evidence are determined by the independent judiciary on a case-by-case basis to protect complainants whilst maintaining a defendant’s right to a fair trial.

The Justice Secretary and Attorney General will be looking at how the law is working in practice.