Rape survivors are paying too high a price for justice

This article was published online and in print in the Metro on Tuesday 10 December.

Violence against women and girls (VAWG) is a global crisis of staggering proportions, and here in the UK, we are grappling with our own ‘deepening’ VAWG epidemic. VAWG-related offences now account for 20% of all police recorded crime. A crisis of this magnitude demands bold, decisive action.

To tackle this epidemic effectively, we must start by grounding our strategies in the lived realities of victims navigating the criminal justice system. This means listening to victims, their concerns, and understanding why so many choose not to come forward in the first place. As Victims’ Commissioner, I will continue to advocate for change because I see, every day, the pressing need to transform how victims perceive and experience our criminal justice system and the agencies that underpin it.

The experience of rape victims, in particular, shines a light on how much needs to change within our system.

Navigating an unfamiliar criminal justice system can be intimidating for any victim – understandably so – but rape victims often face a unique set of challenges. This can include intrusive scrutiny of their behaviour and personal history, intimidating cross-examination marred by rape myths, misconceptions and victim-blaming – as well as record-long waits for justice due to the backlog of cases in our Crown Courts.

Rape victims are unique in facing the worst of these crushing delays. 393 days – that’s how long the average adult rape case takes to progress through our Crown Courts. But let’s be honest, ‘average’ is doing a lot of heavy lifting and, crucially, this excludes the time taken during any preceding investigation. The amount of time from reporting until a verdict is now estimated to take an average of 2,307 days. That is six-years – a staggering wait for justice.

These delays have devastating consequences for victims. In Rape Crisis’ Breaking Point report, some survivors shared that the prolonged process left them feeling suicidal, others disclosed attempts to take their own lives. Such delays aren’t just administrative; they are life-altering, with profound and lasting impacts on those who seek justice.

With delays stretching into years, many will feel they simply can’t last the distance. So, it perhaps comes as no surprise that this past year saw a 41% increase in the number of rape victims who withdrew at prosecution stage compared to the same period last year. This comes at a profound cost, not only to the victim but also to society, which ultimately pays the price for a justice system that fails to deliver.

For those who do make it to court, the journey also remains far from straightforward. A hard-hitting report by national charity Victim Support, drawing on a number of powerful first-hand victim-survivor accounts, raised serious questions about how sexual violence victims are treated in the courtroom. Among other issues, this includes defence barristers deploying pervasive and damaging myths and misconceptions during cross-examination. Whilst recent efforts to improve policing and prosecution of rape have – and continues to be – vital, it must now surely be time to turn our focus to the victim experience within our courts. Victims must leave court with a sense of justice, not additional trauma.

 A range of ‘special measures’ exists to reduce the trauma victims experience within the justice system. These include provisions such as pre-recorded cross-examinations, allowing victims to avoid the stress of appearing in court. However, I frequently hear these measures are inconsistently applied and often prioritise the convenience of the system over the needs of the victim. It is difficult to escape the conclusion that we’re asking too much of these victims at an already enormously challenging time in their lives. At the same time, we are making things harder for the unsung heroes who support them—those frontline support services that are essential in keeping victims engaged with the justice process.

Endemic delays in our system place an immense strain on victims, but they also add to the pressure on already overstretched frontline victim services. These services often act as the glue that holds victims together, providing crucial support to help them cope and stay engaged to pursue justice despite all the barriers in their way. If we are to tackle these delays, and ensure victims get justice, these services are essential. Which is why the recent news of planned funding cuts is not only  concerning but also short-sighted.

It takes immense courage and resolve to pursue justice as a rape victim. Yet, many tell me they are left feeling that the system is stacked against them. Looking at the many hurdles a rape victim has to face at each stage of their justice journey – in addition to agonising waits for a court date, or for specialist support – who could blame them?

It strikes me we are asking victims to pay an unreasonably high price for justice. At the same time, we risk failing to provide them with the crucial support they need to secure that justice.

These are not the strong foundations we need if we are to effectively tackle violence against women and girls.

The human cost of justice need not, and must not, be this high.

I recently reflected on the government’s target to halve VAWG in a decade. Any successful strategy must be anchored in the real victim experience – or risk stumbling at the first hurdle.