Rape Investigation Overhaul Jeopardised by Courtroom Ignorance, Warns Expert
A major overhaul of how police investigate rape cases in England and Wales is being threatened by a critical lack of awareness within courtrooms, according to the government's independent adviser on rape. Professor Katrin Hohl has issued an exclusive warning that progress could stall or even reverse if the conviction rate for rape drops significantly, due to outdated practices clashing with the new investigative approach known as Operation Soteria.
Operation Soteria's Impact and Risks
Operation Soteria, launched in 2021 following a government rape review after a collapse in cases reaching trial, changes the way police and the Crown Prosecution Service (CPS) build cases and charge suspects. It shifts the focus onto the suspect's behaviour rather than delving into intrusive background information about victims, such as counselling notes or medical records. This method has already led to a significant increase in the number of rape charges made by the CPS.
However, Professor Hohl expressed concern that the future of this approach could be jeopardised if cases fail in court. She highlighted that the conviction rate for adult rape has dropped slightly, which experts attribute to the CPS charging more complex cases under Soteria. The obvious, ultimate risk is if it comes to a point where it is felt that Soteria investigations have lower chances of convictions, that police and CPS could go back to as it was before, said Hohl. I think if we can't change the courts, I would worry about the sustainability of the Soteria approach.
Barriers in Courtrooms
Police officers are encountering significant barriers when presenting Soteria-based cases in courtrooms. Hohl noted that, anecdotally, judges and barristers often have never heard of Operation Soteria, leading to misunderstandings and potential undermining of prosecutions. For instance, in a recent trial witnessed by the Centre of Women's Justice, a defence barrister cross-examined a police officer for not requesting personal records about the victim, then told the jury the case was inadequately investigated, unfairly impacting the trial.
Nogah Ofer of the Centre of Women's Justice explained: Police are following the law and new guidance, but because that has not filtered through to the courts we fear that it is being used to undermine the prosecution case. This is happening already, but we worry it will get worse as more Soteria cases get to trial.
Government Measures and Future Steps
In response to these challenges, the government has introduced several measures. Justice Secretary David Lammy launched a review of how courts handle rape and sexual assault cases, promising that rape victims will have access to independent legal advice from later this year through a new national service with initial funding of £6 million over two years. New laws have also been enacted to ban bad character evidence related to a victim's past sexual history, and Home Office rules now restrict police from accessing victims' counselling notes.
Lammy stated: Operation Soteria has already changed how rape cases are investigated by putting the focus where it belongs – on the suspect. By introducing independent legal advisers and expanding the principles of Soteria into the courtroom, we are making sure victims have both the protection and support they deserve throughout the justice process.
Pilot Programme and Long-Term Outlook
To address the courtroom awareness gap, a Soteria pilot in London is set to report in the autumn. This initiative will examine the first batch of cases to determine if the founding principles were followed in court. Academics will review completed cases and observe live trials, while barristers, police, and CPS prosecutors will be interviewed and trained to present Soteria cases more compellingly.
Hohl emphasised the importance of this pilot: I don't think bringing the principles of Soteria into the courtroom is going to be straightforward but that's why this pilot is so important. But I don't think the police would ever fully go back [to the previous way of operating], because I think once you've seen the impact of Soteria, you can't unlearn the lessons.
The number of rape victims withdrawing from prosecutions before trial has more than doubled between 2019 and 2024, underscoring the urgency of these reforms. As the justice system grapples with these changes, the success of Operation Soteria hinges on bridging the knowledge divide between investigative practices and courtroom proceedings.
