The criminal justice system (CJS) is failing victims of rape, and
widespread reform is needed to build trust and secure justice, a
new report has found.
A joint inspection by HM Inspectorate of Constabulary
and Fire & Rescue Services
(HMICFRS) and HM Crown Prosecution Service
Inspectorate (HMCPSI) found that a lack of
collaboration between the police and prosecutors has led to
delays and poor communication with victims.
Inspectors found that on average, 706 days elapsed from the date
of reporting an offence to the police to the start of the trial.
The report raised significant concerns about the quality of
communication with victims, including that updates to victims
about the progress of their case post-charge were frequently
disjointed and contradictory, and sometimes did not take place at
all.
Despite identifying an urgent need for reform, inspectors also
found evidence of many dedicated and hardworking police officers
and prosecutors committed to the investigation and prosecution of
rape. The report also recognised that police and prosecutor
workloads are high and sometimes overwhelming.
Inspectors welcomed the launch of Operation Soteria and the
shared commitment by the police and the CPS in working together
at a national level. However, they said it is still too soon for
any of these changes to have helped transform experiences for
victims of rape, and the whole criminal justice system needs to
work together to provide an effective service to victims.
HMICFRS and HMCPSI have jointly
made nine recommendations in the second phase of their
inspection, including that:
- police and prosecutors should review and significantly
improve communications with victims from the point of charge
onwards;
- the Ministry of Justice should set up specialist rape offence
courts to help clear the significant Crown Court backlog of rape
cases; and
- the Home Office and the Ministerial Lead for Rape and Serious
Sexual Offences should consult widely on the benefits of a
commissioner with explicit responsibility for tackling rape and
serious sexual offences.
Her Majesty’s Inspector of Constabulary Wendy
Williams and Her Majesty’s Chief Inspector of
the Crown Prosecution Inspectorate Andrew
Cayley CMG QC
said:
“Rape victims are continually and systematically failed by the
criminal justice system. 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.
“While previous reports have found similar problems, ours is
different. We looked at the process from start to end, directly
following the victim’s experience. The results are unacceptable.
The number of cases which result in a charge and proceed to court
represents only a small proportion of the total cases reported to
the police. Victims should not have to wait years for a court
date, experience multiple adjournments, and then report, as we
have heard, that the process is worse than the offence.
“We have made a series of urgent recommendations that, if acted
on, have the power to transform victims’ experiences. But we
cannot continue to make the same recommendations – and that is
why we are calling for widespread reform of the entire criminal
justice system, supported by long-term funding.”
The two inspectorates said this was the most robust joint
inspection they had ever carried out. It involved examining 556
files from the police and the Crown Prosecution Service (CPS),
commissioning independent researchers to speak directly to
survivors of rape, and surveying 135 survivors and victim support
services.
The research found that victims often felt they were the ones
being investigated or standing trial, rather than the focus being
on the accused.
ENDS
Notes to editors:
-
Phase one of the joint
inspection was published on 16 July 2021. It focused on the
period between the victim first reporting the
rape and the police or CPS deciding to
take no further action.
- The findings in this report are from phase two, which focused
on the period between a reported rape resulting in
a charge and the case going to court, including the
outcome.
- Quotes from survivors of rape are shown in boxed text in the
report.
- For phase two, inspectors from HMICFRS and HMCPSI jointly
reviewed and assessed 54 police and CPS case files from five
police forces and six CPS Areas in which the cases were charged.
This included cases resulting in conviction, in jury acquittal,
and where no evidence was offered or the case was withdrawn.
- All cases that were examined were finalised between October
2019 and June 2021.
- Inspectors carried out interviews and focus groups with
police and CPS staff, as well as organisations providing support
to victims.
- Inspectors carried out two bespoke surveys to inform the
report: one of rape victims/survivors; and a second of support
services who support rape victims/survivors.
- Operation Soteria brings together academics, the police, and
the CPS, and seeks to improve the investigation of and response
to rape and serious sexual assault.
