On average more than two years passes from the date of reporting an alleged rape to the police to the start of any trial, according to a damning report from two inspectorates published today which finds that criminal justice system is ‘failing victims’. The HM Inspectorate of Constabulary and Fire & Rescue Services and the HM Crown Prosecution Service Inspectorate identifies ‘significant concerns’ about the communication with victims and updates to victims as to progress were ‘frequently disjointed and contradictory and sometimes did not take place at all’.
Inspectors found that on average 706 days elapsed from the date of reporting an offence to the police to the start of the trial. According to report, police and prosecutors’ workloads were ‘high and sometimes overwhelming’. ‘Rape victims are continually and systematically failed by the criminal justice system,’ commented HMICFRS inspector Wendy Williams and HMCPSI inspector Andrew Cayley. While previous reports have found similar problems, they said: ‘… ours is different’. ‘We looked at the process from start to end, directly following the victim’s experience. The results are unacceptable.’ ‘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.’
The inspectorates make ‘urgent recommendations’ that, they say, could have ‘the power to transform victims’ experiences’. They added: ‘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 End Violence Against Women Coalition welcomed the inspectorates’ ‘centring of victims’ voices and experience’ and identifying ‘the deeply problematic relationships’ between CPS and Police. ‘[We] echo the inspectors’ frustration at the gravity of the situation for survivors, as well as the lack of positive change,’ the group says. ‘This is spelled out clearly in the powerful survivor quotes detailing the trauma and distress caused at every stage of the criminal justice system.’
‘For too long, survivors have faced appalling treatment when reporting rape – not being believed, being retraumatised throughout the justice process, and ultimately not seeing a conviction,’ said Andrea Simon, EVAW’s director.
‘Throughout the police, CPS and court system, victims and survivors are facing ineptitude, indifference and misogyny,’ said Jayne Butler, CEO of Rape Crisis. ‘The situation is unacceptable, and immediate action is needed.’
Recommendations include:
- 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.