Rape victims ‘systematically failed’ in England and Wales, report finds

  • 2/25/2022
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Rape survivors who report their attackers are being systematically failed by the criminal justice system resulting in an average wait of nearly two years before a trial begins, a damning official report has found. A joint inspection by two government watchdogs has identified multiple failings in the process from reporting a rape to a possible trial and conviction of an assailant. A lack of collaboration between police and prosecutors has led to months of delays and poor communication with accusers, HM Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) and HM Crown Prosecution Service Inspectorate (HMCPSI) said. It took an average of nearly 706 days between reporting an offence to police and the start of a criminal trial, the report said, with rape survivors facing repeated delays and cancellations. One case took 16 years to reach court due to “an apparent lack of evidence”, despite the presence of DNA at the scene. Wendy Williams, HM inspector of constabulary, and Andrew Cayley QC, HM chief inspector of the Crown Prosecution Inspectorate, said the current situation for rape survivors could not continue. “Rape victims are continually and systematically failed by the criminal justice system,” they said. “We found many hardworking professionals who are dedicated to supporting victims and pursuing perpetrators, but we also found some deep divisions between the police and prosecutors which must be overcome.” The report examined 556 files from the police and the Crown Prosecution Service, evidence from interviews, and survey responses from 135 survivors and victim support services. Inspectors found that rape cases were still being listed as “floaters”, or “backers”, meaning they can be moved or rescheduled at the last minute, including on the day of trial. One victim told the inspectors: ““I had 21 court delays, most at 24-hours’ notice. A trial that I was told would take four days took 10 months. It was almost unendurable.” The report echoed long-held concerns that survivors often felt they were the ones being investigated or standing trial, rather than the focus being on the accused. Another survivor, whose attacker was allowed to travel abroad while he awaited trial, said: “He was out there drinking around females. He was able to go abroad on holidays. “I thought: how is it that I am here, I am financially ruined, I am severely traumatised, and barely keeping it together, and yet the system allows him to just go off and do what he wants?” The government apologised following the publication of its rape review last summer, and said it aimed to reverse its dire record on serious sexual offending, convictions for which have plummeted. Figures released earlier this year showed that in the 12 months to September 2021, only 1.3% of the 63,136 rape offences recorded by police resulted in a suspect being charged. The report made a number of recommendations, including creating either temporary or permanent specialist rape courts within the next three months to help clear the case backlog. It also suggested the police and the CPS should work together to ensure that a defendant’s “bad character” is considered in all rape cases following anecdotal evidence that prosecutors and investigators missed opportunities to present such evidence before the courts. Responding to the report, Max Hill QC, the director of public prosecutions, said he accepted the findings. “Strong collaboration between prosecutors and police is vital, and we have a strong joint commitment to improve how we work together so that we can drive up the number of rape cases we bring to court. “We are undertaking extensive work to bring about urgent change, and to improve the support given to victims – working with support services we will improve communication and better understand how we can help victims through the legal system so they can give their best evidence,” he said. Dominic Raab, the deputy prime minister and justice secretary, said the government also accepted the findings. “This is a sobering and considered analysis. We accept the findings, and will look at how best to address them in the most rigorous and effective way possible. “The government is absolutely determined to give victims greater support and swifter justice – and ensure they see their attackers punished.” This article was amended on 25 February 2022 because an earlier version was wrong to suggest that the police force and CPS are involved in the listing process of cases in criminal courts. This has been corrected.

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