WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
November 01 2024
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
Search
Close this search box.

CPS the home of victim-blaming and rape myths – Report

CPS the home of victim-blaming and rape myths – Report

Crown Prosecution Service (CPS) lawyers in England and Wales downplay teenage sexual abuse, fixate on rape victims’ credibility, and employ victim-blaming language, according to independent research from the University of Warwick.

The CPS commissioned this research to assess the impact of Operation Soteria, a programme which has sought to revamp the CPS’ prosecution and handling of sexual violence cases. This is the first major independent evaluation of the service’s handling of sexual violence cases since the pledged overhaul of the criminal justice system.

Academics reviewed CPS case files and conducted interviews with prosecutors, police, and independent sexual violence advisers (ISVAs) between July 2022 and November 2023. The research uncovered a persistent disparity between lawyers’ theoretical understanding of trauma reactions and the ‘rape myths’, and their practical assessment of sexual violence cases.

The research highlighted a significant imbalance in legal scrutiny, with lawyers more frequently questioning the credibility of complainants than suspects. It also revealed persistent reliance on myths and stereotypes, including potential new myths about modern sexual practices. Also highlighted were inadequate documentation and recognition of coercive control, grooming behaviours, and broader abuse contexts.

Professionals were found to dismiss complaints involving young complainants and suspects, claiming teenage exaggeration or fabrication. Non-penetrative offences were often labelled as youth “banter”, rather than predatory behaviour. Young people were ‘doing a disservice to the cases that really need to be investigated … because they’re getting attention’” remarked one interviewee, a CPS prosecutor.

Professor Vanessa Munro stated, ‘Further efforts are required if the ambitions driving Soteria, and the Government’s wider Rape Review, are to be achieved,” she said. “These include in relation to myths and stereotypes in decision-making, communication with victims, collaboration with counsel, reviewing lawyers’ presence in the courtroom, and staff wellbeing.”

CPS leaders have welcomed these findings. Baljit Ubhey, CPS director of strategy and policy, said, “We are committed to ensuring that this work is prioritised as our new approach is put in place across England and Wales.…we know we still have a long way to go to drive lasting change.”

Related Posts