Three-quarters of survivors of sexual violence are subjected to rape myths during cross-examination, such as being asked what they were wearing or if they were out for revenge, according to research.
A report by the charity Victim Support said the court process was retraumatising victims, with one telling researchers: “You’re a piece of meat being pulled through the court system.”
The report, Suffering For Justice (pdf), surveyed 40 survivors of sexual violence and specialists supporting them through the court process and analysed 38 cases that went through the courts between March and October of last year.
Some survivors who went to court developed PTSD and had suicidal thoughts and some attempted to kill themselves.
Long waits for cases to get to court and repeat adjournments at every stage of the criminal justice system compounded victims’ trauma, with the average wait for an adult case to come to court in England and Wales about three years and a case involving a young person about 2.4 years.
Ministry of Justice data shows that in the year ending June 2023, 11,506 defendants were proceeded against for sexual offences, and in 2022–23, 3,004 defendants were charged with rape-related offences.
Millions of people in England and Wales have been victims of sexual violence: it is estimated that one in four women and one in 18 men have been subjected to some form of sexual violence since the age of 16. An estimated 3.1 million adults were victims of sexual abuse before the age of 16. However, reporting rates are low. The Crime Survey for England and Wales suggests that fewer than one in six victims of rape or sexual assault reported the crime to the police.
Key findings of the report include:
One-third of victims were asked what they did to stop the offence while it was happening.
One-third faced accusations that pursuing justice was a way of seeking revenge.
One-third experienced questions about their alcohol consumption or substance use.
15% faced questions about what they were wearing.
12% faced accusations that the incident was just regretful or bad sex.
Half of the cases analysed were adjourned, some up to four times, often at the last minute, with no explanation.
Lengthy waits of up to 11 months persisted at sentencing and, even when there was a guilty verdict, offenders who lived close to survivors were sometimes not remanded in custody.
Victim Support is calling on the government and criminal justice agencies to end the use of rape myths and victim-survivors’ sexual history by the defence, to deliver victim-survivors their rights and to make tangible, time-bound commitments to reducing court delays and adjournments.
One survivor faced five years of court delays after being raped in 2018 and fought a police decision to close her case. The trial was eventually scheduled for 2023 and she had to undergo cross-examination.
“Taking the stand was the scariest thing I’ve ever done in my life. It felt like I was walking to the gallows or like an animal in a corner being attacked,” she said.
When the trial ended, the perpetrator was unanimously found guilty and sentenced to 19 years.
The victims’ commissioner for England and Wales, Helen Newlove, welcomed the report, saying: “Lengthy waits for justice are taking a toll on victims and their wellbeing, while also jeopardising their chances at justice. Too often, victims are left frustrated and in the dark – some even regretting having engaged with the system in the first place.”
Katie Kempen, the chief executive of Victim Support, said: “The court process is, quite simply, asking too much of victim-survivors. Those who go to court are left dealing not only with the impact of the crime but also their experience of the criminal justice system.
“The process is retraumatising people and profoundly damaging their mental health – many regret that they ever reported the crime to the police. This research must be a catalyst for change – victim-survivors are paying way too high a price for justice.”
The victims and violence against women and girls minister, Alex Davies-Jones, said: “This government inherited a justice system in crisis, with cases delayed for far too long and victims dropping out. We are now taking action that will begin to address this deep injustice. New independent legal advocates will ensure rape victims’ voices are heard and their rights are respected.
“We are placing dedicated support workers in 999 call centres. We are exploring how we can fast-track rape cases through the system. And we will not rest until victims and survivors have the experience they deserve.”
