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Statement – Rape Review Progress Report

Published:

Victims' Commissioner "cautiously optimistic" about Rape Review progress, but warns progress risks being undermined by court delays and barrister shortages.

The Ministry of Justice has today (Wednesday 14 February) published its Rape Review Progress Report, alongside announcing the appointment of Professor Katrin Hohl as the new Independent Advisor to the Rape Review.

In a statement responding to the Progress Report, the Victims’ Commissioner commended the progress made, and said she remained “cautiously optimistic about the direction of travel”, as Rape Review metrics to track or exceed 2016 and 2019 quarterly averages. These include the number of suspects referred to CPS for early advice or charging decision, suspects charged by the CPS, and cases going to Crown Court.

However, the Victims’ Commissioner cautioned that progress made under the Rape Review risks being undermined by court delays and barrister shortages. Urging concerted action on these fronts, she warned that unless “chronic delays” were tackled “we risk failing victims of rape and sexual assault once again”.

The Victims’ Commissioner also used the statement to highlight concerns about the Victims and Prisoners Bill, which is currently going through Parliament. The Commissioner is supporting a range of amendments to the Bill, including provisions for all rape victims to have access to free legal advice when their right to privacy is under threat, protecting victims from being forced to disclose their therapy records to the defence team, and more robust safeguards for victims to limit requests for personal records from third parties.

Appointment of the Independent Advisor to the Rape Review

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:
I welcome the appointment of Prof. Hohl to the role of independent advisor to the Rape Review. Her expertise and knowledge will be invaluable as we strive for further progress across the Rape Review’s outstanding actions and recommendations. This is a good appointment. As Operation Soteria rolls out nationwide, I look forward to working with Professor Hohl in monitoring and evaluating its effectiveness.

Rape Review Progress Report (Winter 2024)

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:
I am encouraged to see further progress against the key metrics of the Rape Review, including increased police referrals, charges, and cases reaching the Crown Court over 2016 levels. This clearly marks a step in the right direction, and I remain cautiously optimistic about the direction of travel.

While I commend the progress made to date, we must recognise the changed landscape in 2024 and adjust our sights accordingly. There has been a significant increase in reported rapes in 2023 compared to 2016 and 2019 (the year the Rape Review was commissioned). Instead of simply reaching 2016 charging levels, we must now view them as a new baseline – a floor not to be breached – no longer the ceiling to aspire to.

The advances made by police and CPS are to be welcomed, especially from the low point in 2019. We must build on this progress. But this requires an efficient courts and justice system. Chronic delays, record backlogs, and high victim withdrawal rates are now real and growing concerns. Rape cases are taking far too long to come to and progress through the courts.

New survey data from criminal barristers this week suggests this might worsen, with a projected fall in the number of barristers willing to take on the necessary work. This is hugely concerning. Operation Soteria and other welcome initiatives stemming from the rape review do not account for a clogged-up and creaking justice system. Unless we take significant action to tackle the systemic delays in our court system, we risk failing victims of rape and sexual assault once again.

Victims and Prisoners Bill

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:
Despite the encouraging achievements of the Rape Review, we need to go further. Victims of rape or other sexual offences are often being subjected to requests for their personal data, violating their rights to privacy. The Victims and Prisoners Bill, currently making its way through Parliament, provides an opportunity to rectify this. I am advocating for all rape victims to have access to free legal advice when their right to privacy is under threat. I am also supporting moves to protect victims from being forced to disclose their therapy records to the defence team.

I am particularly concerned about clauses in the Victims and Prisoners Bill on third-party material.  All too often, rape victims also face unjustified demands for personal information held by third parties (medical, education, social services, therapeutic records) and cases are frequently dropped if victims do not sign over their information. As it stands, the Bill lacks crucial safeguards for victims, especially those most vulnerable.  I urge the government to look again on all these issues. 

ENDS

Editors’ Notes

  • Rape Review
    • On the three Rape Review metrics (suspects referred to CPS for early advice/charging decision, suspects charged by the CPS, and cases going to Crown Court) these continue to increase and have all exceeded 2016 and 2019 quarterly averages.
    • However, it is important to view this in the context of the huge increase in police recorded rapes, which in July – September 2023 was 11,620, compared to the 2016 quarterly average of 6,270 and the 2019 quarterly average of 9,631.
    • It is also important to note that there are wider issues in the system:
      • The median number of days for police to charge an offender in July to September 2023 was 261 days.
      • The mean number of days from charge to case completion at the Crown Court in July to September 2023 was 406 days.
      • The number of cases outstanding for over a year in the Crown Court in July to September 2023 was 667, a further increase from 587 last quarter.
      • In July to September 2023, over half (61%) of adult rape police investigations were closed because the victim did not support police action.
      • In July to September 2023, a fifth (20%) adult rape cases were stopped after a defendant had been charged because a victim no longer supported the prosecution.
      • In July to September 2023, over a fifth (21%) of adult rape cases were rearranged on the day of trial.
      • Whilst timeliness of adult rape cases has improved this quarter, cases are still taking too long to progress through the courts and the number of adult rape cases outstanding for over a year continues to increase.
      • Too many victims are withdrawing from the Criminal Justice System.
      • Too many cases are being rearranged on the day of trial.
  • Victims and Prisoners Bill