Rape cases in England and Wales are facing years-long delays, which one judge has called a “significant injustice”.
More than 180 alleged rape survivors have faced more than two years of delays since their cases first went to court, with some sent to the crown court by magistrates nearly three years ago in summer 2021.
Judge, Lord Justice Edis, has said a reason for these delays is due in part to the pandemic, and also due to the 2022 criminal barristers’ strike.
“This is an unacceptable state of affairs from the point of view of the complainants, the witnesses, the defendants and justice generally … This is an initiative to get rid of what I think is a serious stain on our system,” he told The Guardian.
There is currently a backlog of 181 cases which he says represents just 6% of the total rape caseload and involves both adults and children.
He says the aim is to try and reduce the time a rape case takes from start to finish in crown court, which currently stands at 358 days for bailed defendants.
It comes after a 2023 analysis found that adult rape cases in England and Wales had reached a record high, almost four times the level it was in 2019.
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Statistics released by the Criminal Bar Association showed a backlog of 2,210 adult rape cases in the first quarter of the year, compared with 576 in an equivalent period four years ago.
It's just another example of how the legal system repeatedly fails victims. Kirsty Brimelow KC, the CBA’s chair, said: “Sexual offences cases remain a poignant example of the crisis in the criminal justice system. Barristers have left, courts are in disrepair and complainants, witnesses and defendants suffer in a criminal justice system in crisis.”
Danielle Vincent, Senior Associate at Hugh James Solicitors, highlighted the disastrous impact this could have on survivors' accessing the criminal justice system. She attributed the backlog to “The Covid-19 pandemic, overwhelmed court listings, courts closing, and last year’s criminal barrister strikes.”
Vincent said how court delays can be weaponised against victims, noting the case of Georgia Harrison and Stephen Bear, in which Bear was found guilty of publicly disclosing private, intimate images of Harrison with intent to cause distress.
“An adjournment was sought as Bear applied for more time to prepare his case,” Vincent explained. This delayed the criminal trial for almost a year, as Harrison explained in her documentary Revenge Porn: Georgia vs Bear.
Dr Charlotte Proudman, a barrister and feminist campaigner, previously called for urgent reform of the criminal justice system. “Rape has become decriminalised in the UK, and women and girls who are waiting to give evidence at their rape trials are suffering re-victimisation and re-traumatisation as they are waiting years to get to court,” she told GLAMOUR.
“More needs to be done to prioritise their cases in a broken justice system and ensure that justice is upheld. Very few cases ever get to court, so there must be focus when they do.”
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However, reform is a lengthy process. “There is no quick fix for cutting waiting times for criminal trials, Vincent explained. “A light needs to be shined upon this in order to make the process as easy as possible, in no doubt one of the most difficult periods of time in a survivor's life.”
A Ministry of Justice spokesperson said: “We’re doing more than ever to ensure rape victims get the justice and support they deserve, and we remain on track to meet our ambitious targets to get more cases referred to the police, charged by the CPS and reaching the court's thanks to measures we have taken to support victims, uncap sitting days, and keeping extra courtrooms open.”
For more information about reporting and recovering from rape and sexual abuse, you can contact Rape Crisis on 0808 500 2222.
If you have been sexually assaulted, you can find your nearest Sexual Assault Referral Centre here. You can also find support at your local GP, voluntary organisations such as Rape Crisis, Women's Aid, and Victim Support, and you can report it to the police (if you choose) here.
For more from Glamour UK's Lucy Morgan, follow her on Instagram @lucyalexxandra.
