BSQ Briefing- CPS Rape Policy Update – Government Promises an Overhaul of the Management of Sex Cases

After apologising for “systemic failings’ in the way rape cases are handled the Lord Chancellor Robert Buckland MP has announced an overhaul of the criminal justice system. This follows the publication by the Criminal Justice Joint Inspectorate (CJII) on the 16th July 2021 of a report that considers the police and CPS response to rape in cases where decisions are made to take no further action.

BSQ regularly acts for individuals in police investigations and prosecutions for sexual misconduct. Below we examine the new proposals which have been prompted by a sharp decline in the number of rape prosecutions in recent years.

The sweeping reforms promised include:

- Setting targets for the Crown Prosecution Service (CPS) and police to increase the number of rape prosecutions that are authorised for charge
- Plans to shift the focus of investigations from the victim’s credibility to the perpetrator
- Reforms “to increase the understanding of consent and sexual harm”
- reforms to improve the treatment of victims, while ensuring that defendants receive a fair trial
- An enquiry to examine “rape myths” and the use of victim’s sexual history and medical records as evidence.
- As part of a new ‘Operation Soteria,” a pilot allowing victims to pre-record their evidence and cross-examination, to spare them the trauma of attending court, is being rolled out and extended from three to six courts. If successful it will be rolled out nationally.
Little detail has been provided other than these headline proposals and BSQ will be scrutinising the proposed reforms in detail as they are implemented. One of the most significant
The debate over this issue has also highlighted other systemic causes for the decline in rape prosecutions and convictions. These include:-

- The proportion of complainants dropping out of cases rose from 25% to 43% in five years.
- A 25% cut in the CPS budget since 2010 and a 30% reduction in staff
- A 15% cut in the number of police officers in England and Wales - 21,732 officers between March 2010
- The disbanding of specialist teams of police officers dealing in sexual offences due to austerity
- A drop in the number of prosecutions from 5,190 in 2016/17 to 2,102 in 2019/20
- A slight rise in conviction rates from 56.9% in 2015 to 63.5% in 2019

We have a team of criminal law solicitors expert in defending sexual crime allegations. If you require advice or assistance in relation to a sexual assault allegation please contact our London offices for a confidential consultation.