Delays to rape trials are having a “devastating” impact on the mental health of victims

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Delays to rape trials are having a “devastating” impact on the mental health of victims

By Lauren Geall

2 years ago

3 min read

A new report from Rape Crisis England and Wales highlights the extent of the challenges faced by those attempting to secure justice. 

Long delays and a huge increase in the rescheduling of rape trials are having a “disastrous impact” on the mental health of victims and survivors, a new report has revealed.

Based on data from a Freedom of Information (FOI) request by Rape Crisis England and Wales, the Breaking Point report shows that the number of trials that were “vacated” and “ineffective” – and therefore delayed – more than doubled in the period from 2019-2020 to 2021-2022.

In the same period, the number of trials that were postponed at least once increased by 133%, while the number of rape trials with three or more previous trial dates almost doubled. There were also five times as many trials that had been rescheduled six or more times, with the backlog currently standing at 7,859 sexual offence cases and 1,851 adult rape cases. 

The charity says these delays are having a “devastating” impact on those awaiting justice, leading some to try and take their own lives because they felt the waiting would never end. Others have dropped out of the criminal justice system entirely after losing faith.

“The postponing and rescheduling of cases multiple times is devastating the mental wellbeing of victims and survivors: they are being harmed by the criminal justice system,” Jayne Butler, chief executive officer at Rape Crisis England and Wales said in a statement.     

“On top of lengthy police investigations lasting years and long periods of hearing nothing, victims and survivors are facing their cases being rescheduled in the courts – often multiple times – or finding that they have not been informed about key developments, such as changes to trial dates,” she continued. “Whether intentional or not, this further marginalises victims and survivors who already feel deprioritised in an imbalanced system.”

Victims and survivors are being harmed by the criminal justice system

As part of the report, the charity has set out a series of recommendations for the government, Ministry of Justice, CPS, Witness Care Units and the court service.

These include giving rape and serious sexual offences (RASSO) cases priority listings and introducing specialist sexual offence courts that will include special measures as default, including the choice of pre-recording the evidence of witnesses, the right to independent legal representation and specialist trauma-informed training for all personnel. 

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This latest report comes after several damning reports highlighting the issues victims and survivors are facing when it comes to securing justice. Just last year, research from the Home Affairs Committee found that the number of completed rape prosecutions had plummeted to just 1,557 in the period from September 2020 to September 2021 (from 5,190 in 2016/17).

And while figures from the Crown Prosecution Service (CPS) published in July last year found that the number of rape cases reaching court had increased following the government’s promise to overhaul the criminal justice system to create a fairer landscape for rape survivors, it’s clear there’s still lots more work to be done to ensure those seeking justice feel empowered to hold perpetrators to account.  

In a statement, a Ministry of Justice spokesperson said the government is delivering “real improvements” in the criminal justice system’s response to rape.

“In the last year alone, the number of rape cases referred by the police to the CPS is up more than 50%, the number of suspects charged has increased by 54% and convictions are up by 65% compared to last year,” they said.

“But we know more needs to be done, particularly so that victims have confidence and feel supported, which is why we’ve quadrupled funding for victims’ services, enabled them to pre-record court evidence earlier and away from defendants and launched a 24/7 helpline with Rape Crisis.”

The 24/7 Rape & Sexual Abuse Support Line can be reached for free by calling 0808 500 2222 or visiting the Rape Crisis England & Wales website. If you need emergency help, call 999.  

Images: Getty

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