Correct on the date of publication - 5 January 2026
Question:
What is the legal position of evidence of previous complaint in indecency and sexual offences?
Answer:
Section 120 of the Criminal Justice Act 2003 makes statutory provision for other previous statements to be admissible as evidence of the truth of their contents (not merely to bolster the credibility of the witness's oral evidence) subject to certain requirements contained in the section. Whereas at Common Law, evidence of 'recent complaint' is only admissible to demonstrate the consistency of the complainant's conduct and as tending to negate consent, under the statutory provision such evidence is regarded as representing the truth of the matters stated. But again, such evidence of previous complaint under the CJA 2003 will not amount to corroboration.
The Coroners and Justice Act 2009 amended the provisions in section 120 to remove the requirement that the complaint was made as soon as could reasonably be expected after the alleged conduct. Provided that the other criteria for admissibility set out in section 120(7) are met, such statements of complaint - including multiple statements of complaint about the same alleged conduct - will be admissible regardless of when they were made. Home Office circular 2010/002 provides more details.
This is not exclusively for sexual offences but is used most commonly for those types of offences.
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