Prosecutors are being urged to make greater use of a suspect’s past patterns of behaviour in rape trials - including telling juries about earlier allegations, inappropriate conduct, and other relevant offences - under updated guidance from the Crown Prosecution Service (CPS).

In practice, this means juries may hear about previous incidents where a defendant was accused of similar behaviour - such as following someone home, acting aggressively in relationships, or committing other sexual offences even if those incidents did not lead to a charge or conviction.

This type of evidence, known legally as ‘bad character evidence’, can help demonstrate patterns of behaviour and shift the focus in court onto the actions of the suspect, rather than the victim.

The guidance encourages prosecutors to consider applying to introduce this material wherever it is relevant, with the court deciding whether it can be used.

Previous examples where the CPS have used this kind of evidence in rape trials include:

• Successfully sharing with a jury a statement from a suspect’s niece who said he had kissed her in an inappropriate manner but that she’d not reported it to the police.
• A previous rape acquittal for a man facing a new rape trial being explained to a jury.
• A case where a man was on trial for rape after he was acquitted of another woman’s rape. The victim in the first case gave evidence in the second to show how her experience of his behaviour was similar to the victims’ in the new case.

The changes form part of a wider update to the CPS’s Rape and Serious Sexual Offences (RASSO) guidance, aimed at strengthening how these cases are prosecuted.

Last year, the CPS charged more rape-flagged cases than ever before.

This comes as the number of completed rape-flagged prosecutions reached by the CPS is the highest in a decade.

4,616 prosecutions were finalised in court in 2025, 299 more than in 2024.

Siobhan Blake, national CPS lead for RASSO, said: “Too often, victims of rape and sexual offences feel as though they are the ones on trial. We are determined to keep the focus where it belongs - on the suspect’s actions and behaviour.

“This updated guidance encourages prosecutors to work closely with police to build the fullest possible picture of a defendant’s past behaviour, including identifying patterns that may be relevant to the case.

“That can mean asking the court to consider evidence of previous incidents - even where no conviction followed - if it helps demonstrate how the suspect has behaved.

“We will use every appropriate legal tool available to build strong cases and support victims through what can be a very difficult process.”

Stephen Parkinson, Director of Public Prosecutions, said: “Tackling rape and serious sexual offences has been a personal priority for me from day one.

“These are some of the most serious offences we prosecute, and it is vital that our response gives victims the confidence to come forward.

“We know there is more to do, but improving how we handle these cases is central to building trust in the justice system.”

Victims' Commissioner for England and Wales, Claire Waxman OBE, said: "For too long in our justice system the focus has been on dismantling a victim's credibility, at the expense of a process that should focus on the suspect.

“It takes an extraordinary amount of courage for a victim of rape or sexual violence to come forward and go through the criminal justice process, and no one who has experienced such trauma should feel as if they are the one on trial.

“The shift to a suspect-focused investigative approach has had a hugely positive effect, and these new measures to prevent the misuse of so-called ‘sexsomnia’ or similar defences are another important step towards a more compassionate and effective justice system. We must continue to give victims the confidence to come forward, knowing that they will be treated with dignity, respect and fairness throughout the justice process."

Updates come under the CPS’s 2025-2030 Violence Against Women and Girls Strategy launched last year.

When the police refer a rape-flagged case to the CPS, seven in ten result in a charge being made. Of these, six in ten result in a conviction.

Today’s (Wednesday 24 June) updates support the CPS’s dedication to ongoing improvements to continue this trajectory and bring more offenders of RASSO to justice for victims.

Changes also include additional guidance about rape misconceptions and assumptions, incorporating academic research on how to tackle these in court. This also covers how different groups may experience different misconceptions to encourage prosecutors to assess the individual elements of each case.

Further guidance has been added on the use of experts to support prosecution cases, including in cases where the defence is arguing that ‘sexsomnia’ has occurred.

Prosecutors are also now better informed as to how to handle defence applications for inquiries into previous sexual allegations made by victims, and how to make sure these are only looked into when necessary as a reasonable line of inquiry.

A significant number of changes have been made to the prosecution guidance to make it easier for prosecutors to use, allowing them to more readily find what they need to build the strongest possible case.