Rape and sexual assault survivors get second chance for case review by CPS
Rape survivors get second chance for CPS case review

The Solicitor General, Ellie Reeves KC MP, has confirmed that the Early Victims' Right to Review (VRR) scheme will be rolled out to every Crown Prosecution Service (CPS) area across England and Wales, giving every rape and sexual assault survivor a second chance to have their case reviewed if prosecutors decide to drop it.

National rollout follows successful pilot

The announcement comes a year after a pilot scheme launched in the West Midlands. The national rollout marks the next step in transforming how the justice system treats victims of rape and serious sexual offences, according to Reeves. Under the scheme, victims of rape or serious sexual abuse have the right to have their case reviewed by an alternative prosecutor before any final decision is made. If that prosecutor disagrees with the original decision, the case will proceed.

The national rollout follows feedback from victims, including those who did not ultimately request a review, who said they valued the opportunity to have their case reconsidered before a final decision was reached.

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Part of government's violence against women strategy

The scheme is central to the government's Violence Against Women and Girls strategy, which commits to halving offending within a decade. Ms Reeves KC said: "Rape and sexual assault cause devastating, long-lasting harm, and every brave victim who comes forward deserves to know their case will be treated with dignity. Violence against women and girls is my top priority, and the Early Victims' Right to Review rollout is a landmark moment. For the first time, victims of rape and serious sexual offences across all of England and Wales will have the opportunity to have their case reviewed, where eligible, giving them a second chance at justice and real control at the most critical point in their case."

Prosecutors' perspective

Siobhan Blake, national CPS lead for rape and serious sexual offences, said: "For survivors of rape and sexual offences, the possibility their abuser may never face justice can be deeply distressing. Victims must have confidence that every decision is made with care and expertise. Our specialist prosecutors usually get it right first time, but when we don't – and a case that could have continued is stopped – an apology alone cannot feel like justice."

Campaigner's experience

Campaigner Jade Blue McCrossen-Nethercott has been involved in the process. She received £35,000 in compensation after her rape case was dropped amid claims she could have had an episode of "sexsomnia". Ms McCrossen-Nethercott, 34, contacted police in 2017, telling them she thought she had been raped while asleep, having woken up half-naked, finding her necklace broken on the floor. But charges were dropped by the CPS days before a trial was due to begin after lawyers for the alleged perpetrator claimed Jade had sexsomnia - a medically recognised but rare sleep disorder that causes a person to engage in sexual acts while asleep.

In 2021, she lodged an appeal via the CPS victim's right to review system and received a letter of apology from a chief crown prosecutor, who admitted the CPS was wrong in closing her case and said it should have been taken to trial. She said: "For many victims, the decision to end a case can feel final, leaving unanswered questions and few opportunities to challenge the outcome. My own experience showed me how devastating it can be when a review comes too late to make a difference, even when mistakes are later identified."

Scope and statistics

The CPS deals with thousands of rape cases each year and charged 4,636 suspects in cases with a rape flag between 2024 and 2025. The national rollout applies to victims of rape and serious sexual offences only. If victims are eligible, then they will be informed. Victims' Commissioner Claire Waxman OBE said: "Expanding this across the country means that fewer victims of rape and sexual offences will be unfairly denied justice, ensuring they have the opportunity to challenge a decision before it is final."

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