In the latest blow to survivors and victims of sexual assault, thousands of abusive men could walk free from court under the government’s new prison reforms, which plan to scrap some shorter sentences as it tries to tackle overcrowding in prisons.
Justice Secretary Alex Chalk has proposed axing sentences of under 12 months for most offenders, saying, “Carrying the weight of life-long criminal records even after serving their time is a huge barrier for many offenders seeking to reintegrate into society and turn away from a life of crime.”
11,040 men were jailed for around 12 months or less for harassment, stalking and revenge porn in 2022 – all sentences which could now be served as community sentences (per The Independent). Experts, including the government’s own domestic violence watchdog, worry that this will affect the safety of many women and girls.
Last month, it was reported that judges have been told to delay the sentencing of convicted criminals currently on bail – including rapists – because prisons are full. Refuge Interim CEO Ellen Miller said, “News that judges have been told to spare convicted rapists from jail due to prison overcrowding is outrageous. Earlier this year, the government vowed to treat violence against women and girls (VAWG) as a national threat, making it a strategic policing priority and placing it on the same footing as terrorism. The government promised to tackle VAWG and restore women and girls' faith in a criminal justice system that for too long had failed them.”
“This is not just a London problem.”
Miller went on to say in a statement, “What message does it send to survivors of rape and sexual assault that instead judges will factor in prison overcrowding when making sentencing decisions? Judges handing down suspended sentences, reduced terms or releasing convicted perpetrators on bail due to external factors sets a worrying precedent of a legal system that minimises violence against women and girls and fails to acknowledge the devastating impact of these heinous crimes."
Survivors of rape and sexual assault are already experiencing a record wait for justice, with an average of more than two years to see cases go to court. This is having a damaging impact on survivors who tell us that their experience in the courts is more traumatising than the initial abuse.
With around only 1% of reported cases of rape and sexual assault resulting in convictions, the response to these crimes is already at crisis point, to deny survivors justice and protections at the final stage undermines the seriousness of this crime and jeopardises the safety of women and girls.”
On 6 November, it was revealed that Prime Minister Rishi Sunak will include a series of hardline criminal justice measures in his first King's speech, specifically promising tougher sentences for rapists. This comes despite Chalk's proposed prison reforms, which do the opposite. “This government has promised they will ‘improve the confidence of victims’, to do this they must restore women’s trust in the police and the criminal justice system. They must ensure they are supporting survivors at every step of the process from having confidence to report crimes committed against them to accessing support services and rebuilding their lives,” says Miller.
Speaking with GLAMOUR, Lucy Hadley, Head of Policy at Women’s Aid, said, “Careful consideration and robust consultation with domestic abuse specialists and survivors will be needed to ensure this policy is safe. While the evidence is clear that short sentences are largely ineffective, we know many perpetrators of domestic abuse could be categorised as ‘lower risk’ or fall into the bracket of ‘shorter sentences’ that risk being axed. These men pose a serious threat to survivors, and it’s essential that sentencing reflects the severity of the crime.”
In England and Wales, over 99% of rapes reported to police do not end in a conviction (per GOV.UK). Convicted rapists not serving prison time is yet another dismissal of victims and their right to justice.
“Robust safeguards need to be in place to manage perpetrators in all parts of the justice system, regardless of the sentence handed down. Recent damning inspections of the Probation Service response to domestic abuse, and the rushed decision to release offenders early from prison, are serious concerns in this regard,” says Hadley. Adding that “Survivors need to feel secure in a justice system that helps them live safely and free from abuse. We want to see urgent action to ensure domestic abuse and violence against women and girls is treated with the seriousness it deserves.”
Women and girls already cannot and do not trust the justice system. This move from the Government will only do more to compound this sentiment. Women's safety is so often an afterthought in political reform, and until this changes, violence against women and girls will go unpunished.
