Prima Facie: The Play That Challenged How We Think About Justice

As Suzie Miller’s acclaimed courtroom drama arrives in cinemas, renewed debate over rape myths and the treatment of survivors reminds us why its impact extends far beyond the stage

By Jade Blue

Some stories entertain us. Others change the way we see the world.

Prima Facie did something extraordinary. It brought the realities of sexual violence trials to audiences far beyond the courtroom, challenging assumptions about consent, credibility and the way our justice system responds to those who report rape.

Written by former lawyer Suzie Miller, the award-winning play follows Tessa Ensler, a successful criminal defence barrister who believes in the legal system and her ability to navigate it. But when she experiences sexual violence herself, that confidence is profoundly challenged. The story is fictional, but the issues it explores are anything but.

Now, with a new film adaptation starring Cynthia Erivo arriving in UK cinemas on 13 November, its message feels particularly timely.

A play that reached beyond the theatre

Since its premiere in Australia in 2019, Prima Facie has become much more than a critically acclaimed production.

Its London run, starring Jodie Comer, earned Olivier and Tony Awards and sparked conversations among audiences, legal professionals, campaigners and policymakers. But perhaps its most remarkable achievement has been its influence within the justice system itself.

Miller has spoken publicly about judges, barristers and police officers reconsidering their approaches to sexual violence following the production.

In an interview with Creative Australia, she recalled a judge contacting her after seeing the play and explaining that they had revisited the language used in jury directions on sexual assault. Miller has also described the production being used in judicial education and discussions about rape myths.

These are significant examples of storytelling prompting professional reflection and practical change.

Prima Facie demonstrated that art can reach people in ways that reports, statistics and policy discussions sometimes cannot. It made the human consequences of courtroom practices impossible to ignore.

When the law meets lived experience

At the heart of Prima Facie is a difficult question: can a justice system built upon important legal principles still fail to recognise the realities of sexual violence?

Tessa understands the law. She knows how evidence is tested, how witnesses are questioned and how the adversarial process operates. Yet when she finds herself navigating that same system as a complainant, she begins to question whether its procedures adequately account for the complexities of trauma, consent and human behaviour.

The play does not argue against the presumption of innocence or the right to a fair trial. Instead, it challenges us to examine how those principles operate in practice, particularly when assumptions about how someone should behave after sexual violence influence perceptions of their credibility.

A delayed report, continued contact with an accused person or an emotional response that does not fit public expectations should never automatically determine whether someone is believed. These are precisely the misconceptions that campaigners and legal reformers have spent years trying to challenge.

Why the conversation matters now

Last week, Victims’ Commissioner Claire Waxman has faced criticism from some members of the legal profession following renewed calls for mandatory judicial directions addressing rape myths in sexual offence trials.

Some barristers have argued that existing judicial guidance already provides sufficient safeguards, while others have questioned whether further legislation is necessary. There is an important distinction here. The existence of guidance does not guarantee its consistent application.

Those who have experienced or observed sexual offence trials know that what should happen in a courtroom and what actually happens are not always the same. The debate is not about preventing defendants from challenging evidence or undermining their right to a fair trial.

It is about ensuring that evidence is assessed on its merits, rather than through stereotypes about how a victim of sexual violence is expected to behave.

In response to the criticism directed at Claire Waxman, Open Justice for All and Make Yourself Heard raised concerns about the wider message being sent to victims and survivors. If the person appointed to champion their voices can be personally undermined for raising concerns about the system, what message does that send to those already struggling to be heard?

Legal disagreement is necessary. Personal attacks are not. And meaningful scrutiny of the justice system should be welcomed, not dismissed.

The power of listening

One of the most important lessons from Prima Facie is that legal knowledge and lived experience offer different, but equally important, perspectives on how justice operates.

Legal professionals bring expertise in procedure, evidence and the fundamental rights that underpin a fair trial. Survivors bring insight into how those processes are experienced, where protections may fall short and what the consequences can be when they do. Neither perspective should exist in isolation.

As Miller’s work has demonstrated, meaningful change becomes possible when people are prepared to listen, question established practices and consider experiences beyond their own.

The impact of Prima Facie reminds us that challenging a system does not mean rejecting the principles on which it was built. Sometimes, it means asking whether those principles are being delivered as intended.

A story that still has something to teach us

As Prima Facie reaches a new audience through its film adaptation, there is an opportunity to revisit the conversations it helped bring into the public consciousness.

Not simply about rape myths, but about whose experiences inform our understanding of justice, how courtroom culture shapes outcomes and whether existing protections are working as intended.

The play’s influence on legal professionals demonstrates what can happen when uncomfortable questions are taken seriously. But work remains.

Survivors continue to describe experiences in which harmful assumptions go unchallenged, their credibility is scrutinised through stereotypes, and the process of seeking justice leaves lasting consequences. These concerns deserve careful examination, not defensiveness.

The enduring power of Prima Facie is not that it asks us to abandon faith in justice. It asks us to be brave enough to examine where justice falls short. And perhaps that is its greatest legacy.

A reminder that meaningful reform begins when we are willing to listen, even when what we hear challenges what we thought we knew.

Further Links and Reading

Knowing how the justice system should work is not the same as experiencing what happens when it doesn’t. Prima Facie reminded us why both legal expertise and lived experience must have a place in shaping justice.

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