Rape Victims: Special Measures Needed in Court Trials

Drop in Cases going to Court

A recent review found that there's been a huge drop in the number of rape cases going to Court in the last 5 years. According to the review, of an estimated 128,000 victims of rape and attempted rape, only 43,000 report it to the police, only 3,000 make it to Court and just 2,000 perpetrators are convicted. 

These statistics show us that much more needs to be done to protect victims of abuse and help them get the justice and support they need.

What happens in the Trial?

All rape and sexual offence cases are handled by the Crown Prosecution Service (CPS), an independent body who work closely with the police, courts and Judiciary to delivery justice on criminal cases.

First, the defendant (suspect) will attend a hearing at a Magistrates’ Court, and the victim doesn’t attend this initial stage.

If the defendant pleads not guilty, the case will go to the Crown Court, and they’ll be required to attend and give witness evidence. The police and CPS have the option to apply to the Court for special measures before the trial to give the witness the option to give evidence via a video link or from behind a screen.

Evidence will be given in front of a Judge and a Jury made up of 12 members of the public. If the witness has chosen to do a video statement, this will be shown to the Jury before the witness is called into the Court room to give further evidence.

The witness will then be questioned by the Defence Barrister. This is another daunting prospect for victims, as it can feel like an intense interrogation. It takes a lot of courage to come forward about abuse, and having to relive what happened to you can be very traumatic, which is why Dame Vera Baird was pushing for change.Being able to pre-record cross examination could relieve some of this trauma for vulnerable and intimidated witnesses.

After the Jury has heard all the evidence, the Judge will sum up the points from both sides and send the Jury to a private room to make their decision.

Tips for Attending Court

Coming forward in a case like this is extremely difficult, yet very brave. Here are the things we recommend you should do when attending court for the first time:

• Visit the Court before the date of the trial – the police or CPS can arrange for you to visit the Court in advance so you can familiarise yourself with the Court room.
• Refresh yourself on your witness statement – if you’ve recorded a video statement or written one, it can help to read or watch it back so you remember exactly what you’ve said.
• Keep in regular contact with your Solicitor or Lawyer – if you have questions at any stage about the trial or the process, we’ll be on hand to answer them and offer full support.

No one should have to go through something as traumatic as sexual abuse. If you’re a survivor of abuse, it can be extremely difficult to come to terms with and no amount of money will make up for what you’ve been through. We can also provide you with details of support organisations and survivors groups who may be able to offer support.

Taking legal action against your abuser or those responsible for your abuse can help you to find the closure you need to start to rebuild your life. In addition, our team are specialists in bringing Criminal Injuries Compensation claims and can provide you with the support you need to make a claim.

Our empathetic and compassionate Abuse Solicitors have years of experience in representing survivors of sexual abuse and rape, helping them to get the closure and justice they need to move forward. Call us on 0808 239 1287 for a tailored yet compassionate discussion about your situation. We’ll be with you every step of the way.