Only a tiny fraction of reported rapes in England and Wales lead to a charge, let alone a court case, according to a new report by an alliance of women's groups. The report, published ahead of a government-commissioned review, describes the situation as an “unprecedented crisis” in which these crimes have been effectively decriminalised.
In 2019, 55,259 rapes were reported to police, but only 702 resulted in a conviction. This means there is roughly a one in 70 chance that a complaint will even lead to a charge. The number of reported rapes almost tripled between 2014 and 2018, yet the proportion leading to convictions has plummeted.
The report highlights several factors contributing to the crisis, including the practice of “digital strip searches”, where complainants were instructed to hand over huge amounts of personal data to police. This practice was only dropped this year after legal action was threatened. It also draws attention to prosecutors offering “early investigative advice” to police, leading to charges being dropped, and the need for specialist training.
While funding cuts and ingrained sexism are part of the problem, the high bar for a guilty verdict in criminal law is also a factor. In cases that come down to arguments about consent, juries must be “sure” that a person is guilty, which can be hard to reach. The report suggests restricting the use of “sexual history evidence” and training juries to discount victim-blaming “rape myths”.
A more radical overhaul, including the possibility of specialist courts, should now be considered. The needs of victims must be at the centre, as a system that does not serve them cannot serve society either. The present situation, in which most rapists go unpunished, is dangerous.
