Marti Stelling

The court process re-traumatises victims of sexual violence with 73 per cent of people asked questions associated with rape myths during cross examination, a report by Victim Support found.

Home Office figures show there were 1,663 rape offences recorded by South Yorkshire Police last year in the year to March. Of them 63 resulted in a charge or summons which accounts for just 3.8 per cent.

Charity Victim Support’s Suffering for Justice report found 15 per cent of victims were asked what they were wearing when they were assaulted and 12 per cent were accused that the incident was just regretful or bad sex.

The research found long wait times for victims before, during and after giving evidence with half of people waiting three years or more from the point of reporting to the police to the first court date.

Half of cases analysed were adjourned, some up to four times and often at the last minute with no explanation. 

Offenders who lived close to victims were sometimes not remanded in custody when there was a guilty verdict. The report exposes an absence of information and updates at every stage of the criminal justice process.

Some victims went as long as eight months without receiving any communication and the information they did get was often confusing or inaccurate.

The average days from arrival to case completion at the Crown Court in South Yorkshire is 242 days, up 55 days from the previous quarter. The number of cases stopped by the victim after a defendant was charged in South Yorkshire is 24 per cent, up three per cent.

Carmel Offord is the engagement officer for IDAS, the largest specialist charity in the north of England supporting people affected by domestic abuse and sexual violence.

She said: “This report highlights the challenges survivors face when going through the criminal justice system. We are a charity supporting thousands of survivors of sexual violence across North Yorkshire and York each year.

“Survivors often tell us that they report incidents to the police to protect others and themselves from the offender. However, many victims feel as though they are the ones under investigation, which adds to their trauma. The report explains how rape myths and long delays in legal proceedings can make survivors lose trust in the system, allowing offenders to reoffend without consequences.”

Robert Balfour is the founder of Survivors West Yorkshire which offers specialist sexual violence abuse support throughout West Yorkshire.

He said: “The Suffering for Justice research is shocking even for those of us who have worked for decades supporting victim–survivors of sexual crimes. It reinforces that after 25 years of strategies to improve the criminal justice procedure response to sexual violence victims very little seems to have changed.”

According to the research special measures such as being able to give evidence behind a screen or via video link were not consistently offered or properly explained to victims.

Long wait times for trials meant victims who had been granted additional special measures as children had become adults by the time their case reached court and the measures were revoked.

Katie Kempen, CEO of Victim Support, said: “The court process is quite simply asking too much of victim-survivors.

“There is a post code lottery when it comes to whether they are receiving vital rights like special measures and information about the progress and outcome of their case. Victim-survivors 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 re-traumatising 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.”

Victim Support is calling on the government to end the use of rape myths and victims’ sexual history by the defence. They are also asking for a commitment to reducing court delays and adjournments, as well as for courts to provide timely transcripts of judges’ sentencing remarks for victims.

Minister for victims and violence against women and girls, 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.”

For more information about sexual violence support visit: Sexual Violence Help and Advice (idas.org.uk)

Published in print for the Yorkshire Post