The number of rape victims withdrawing from prosecutions before trial has more than doubled in five years, amid record delays in the courts system in England and Wales, according to a Guardian analysis. In the past year, over 280 rape prosecutions (7.3% of the total) collapsed after victims pulled out following a charge, up from 62 (2.8%) in 2019.
The crown court backlog for adult rape cases has reached a record high, with 3,656 people awaiting trial in June 2024—more than five times the number in 2019. Some victims abandon cases after years of waiting, leading to trial collapses, while in some instances alleged abusers die before facing justice.
Special measures allowing victims to pre-record their evidence, introduced under section 28 of the Youth Justice and Criminal Evidence Act 1999, have been expanded to all adult rape cases since 2022. However, research by Prof Cheryl Thomas KC at University College London found that women who pre-recorded their evidence were 41% less likely to secure a conviction, compared with 69% for those cross-examined live in court.
Barristers reported that pre-recorded evidence can lead to longer delays, as trials with live witnesses are prioritised. Andrew Wilkins, a barrister, noted a case in Wolverhampton where pre-recorded evidence was taken but no prosecution counsel was available, resulting in a trial refixed for February 2026.
James Oliveira-Agnew, secretary of the Criminal Bar Association, criticised specialist rape courts as a “waste of time” given the backlog, saying the priority should be to list and hear cases. A shortage of lawyers willing to handle rape and serious sexual assault cases is exacerbating the crisis.
