"Significant progress" is being made in how the criminal justice system responds to cases of rape, the Government said, despite a rising backlog in cases and longer waits for justice. The pledge to more than double the number of cases reaching court by the end of this parliament is "within reach", according to a review into progress made since the summer 2021 rape review.
According to the Government report, there have been increases in police referrals, charges, convictions and cases reaching court, while the average number of days between a police referral and a suspect being charged has fallen. These put the Government "on track" to meet its target to more than double the number of adult rape cases reaching court by the end of this parliament, the report says.
However, the progress report acknowledges that the time it takes for a case to reach court has "worsened", while the number of outstanding cases has risen, with the Criminal Bar Association strike cited as a factor. A joint foreword, by Justice Secretary Dominic Raab and victims and sentencing minister Ed Argar reads: "A year and a half on, there is cause for cautious optimism. We are making steady, incremental progress."
The report cites latest criminal justice data showing that 901 cases were referred by the police to the Crown Prosecution Service (CPS) in the second quarter of 2022 – up 95% from the 2019 quarterly average. The number of cases charged by the CPS in the second quarter of 2022 has risen by 65% to 402, compared to the quarterly average in 2019.
The number of adult rape cases reaching crown courts has also risen, with 440 receipts, up 91% from the pre-pandemic quarterly average. And the number of adult rape convictions was 41% higher than pre-pandemic levels in the year to June 2022 (532 up from 377).
However, since April the number of outstanding cases in the crown courts has been rising, after falling between June 2021 and March 2022, reaching 62,500 cases at the end of September. And the report said that timeliness at the court stage has worsened, acknowledging that waits for trials can cause "significant distress".
According to the report, key areas of progress in the last six months include introducing a 24-hour helpline for victims. The Government has also brought in powers aimed at stopping "unnecessary and intrusive" requests for victims’ phones, and enabled all adults alleging they are a victim of sexual offences to have their cross-examination pre-recorded.
Mr Raab and Mr Argar said they are "restless to go further and faster for rape victims", adding: "Huge challenges remain." They plan to more than quadruple the funding for victim support from £41m in 2009/10 to £192m by 2024/25, which will allow more specialist advocates to be recruited.
The report also says the Government is on track to meet its commitment that no adult rape victim should be without a phone for more than 24 hours by the end of this parliament. It says the "vast majority" of forces will be in this position by the end of March 2023, and a further £4m is being invested to provide forces with the technology and training to gather evidence from phones more quickly.
A separate report, published by the Home Office, outlines findings from Operation Soteria, a programme aimed at transforming the way the police and CPS respond to rape cases. Among the four forces involved in the first year of the programme, the report found that police investigators lack sufficient specialist knowledge about sexual offending, which impacts on victim engagement and the quality and outcome of investigations.
It said that "disproportionate investigation effort was being put into testing the credibility of a victim’s account", with a need to "rebalance investigations to include a thorough investigation of suspects’ offending behaviours". It also found that processes and procedure "often trumped" empathetic engagement with victims.
And the report identified "great variability" in officers’ attitudes, beliefs, and behaviour concerning rape and sexual offences, such as disbelief of victims. The report said: "At worst, officers demonstrated explicit victim blaming and lack of belief in the victim, which impacted on the subsequent investigation.
"For example, victim credibility was often focused on and used to either close or not investigate cases within some forces." It added: "Challenging internal cultures which undermine fair and equitable rape investigations is necessary as a matter of urgency."
Home Secretary Suella Braverman said the report shows there are "big obstacles to overcome", adding: "But there are also early signs of improvement and I’m determined to build on these to deliver a sustainable shift in the way rape is investigated." Chief Constable Sarah Crew, National Police Chiefs’ Council lead for adult sexual offences, said the programme had been met with "a genuine willingness and openness to change".
She said: "Officers must target rapists by focusing on suspects – not the credibility of victims – and using their legal and policing powers to disrupt offenders and further harm." The Metropolitan Police, which is one of the initial forces involved in the programme, said it is "committed to transforming its response to rape".
Commander Kevin Southworth said: "We are working hard to boost detection rates, cut the backlog of cases and reduce the amount of time victim-survivors spend waiting for justice. We are also better supporting investigations and working more closely with partners including independent sexual violence advisors (ISVA), prosecutors and the NHS."
Kirsty Brimelow KC, chairwoman of the Criminal Bar Association, said: "It is encouraging that more cases are reaching court. However, this is a basic and complainants are waiting years for trials." She added that there are not enough barristers to prosecute in trials and quadrupling funding for support is "senseless" without investing to ensure there are enough barristers.
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