In the UK, we are witnessing the “decriminalisation of rape” and as a result, more and more women are having to find alternative ways to access justice. In the year to September 2021, police in England and Wales were told of 63,136 allegations of rape, but only 820 alleged rapists were charged: the prosecution rate for rape was just 1.3%.
As a result, more and more rape victims are turning to the civil courts for some semblance of justice. Unlike in the criminal courts, those found to be rapists do not receive a criminal record or time in jail. Instead the judge can issue a “finding” of rape and issue a financial “award” for victims (although enforcing an order for damages can be an uphill struggle against a defendant who is, or claims to be, impoverished). In a criminal court, the state must establish that the jury “are satisfied so that they are sure”, the defendant raped the complainant, but in the civil court, the standard of proof is lower, the claimant must prove the defendant raped her on the balance of probabilities (51% likely).
