Over 180 suspected rape victims in England and Wales have experienced a delay of over 2 years since their case was first brought to court. To address this concerning issue, a high-ranking judge has declared a goal to eliminate the delay by the end of July, referring to it as a significant blemish on the justice system.
The chief judge for England and Wales, Lord Justice Edis, expressed his concern over cases being transferred from magistrates courts to the crown court in the summer of 2021 and now approaching the three-year mark, deeming it a major injustice.
He mentioned that they experienced a series of disruptions, starting with the Covid pandemic in 2021 and followed by the criminal barristers’ strike the following year. He expressed concern that there is still a shortage of barristers.
In regards to the 181 instances, which he stated as about 6% of the overall number of rape cases and encompassed both adult and child accusers, Edis declared: “This is an unacceptable situation for the victims, witnesses, defendants, and the justice system as a whole… This is a measure to eliminate what I see as a significant blemish on our legal system.”
He stated that once all the cases have been resolved, the judges will focus on those that have been ongoing for almost two years to prevent any future breaches of the timeframe. The goal is to decrease the average duration of rape cases in the crown court, currently at 358 days when the defendant is released on bail.
However, Edis raised worries regarding the results of a survey, released last month by the Criminal Bar Association (CBA), that revealed 64% of prosecutors stated they would not be seeking reappointment for the list of rape and serious sexual offences (RASSO). The primary reason cited was inadequate compensation.
He recognized that there is a shortage of well-qualified barristers in rape cases. He stated that our legal system needs a significant number of competent and experienced advocates in all categories of offenses, especially in cases involving rape and other serious sexual offenses.
“If our supply is compromised, for any reason, it hinders our ability to handle the workload, which is a major limiting factor. We anticipate that measures will be taken and investments will be made in the future to sustain the necessary supply of skilled individuals working within the system.”
According to Ciara Bergman, the Chief Executive Officer of Rape Crisis England and Wales, they support initiatives to make the process less traumatizing and are happy to see that rape cases that have been stuck in the backlog will now be given priority. This aligns with their recommendations in the Breaking Point report, and they are hopeful that this will lead to improved resources for rape and sexual abuse cases in the future.
The issue of delays is not limited to the crown courts. As per the CBA’s evaluation, in the second quarter of the previous year, 211 bailed rape trials were finalized with an average duration of 558 days, while in the first quarter of 2018, there were 262 bailed rape trials with an average duration of 328 days.
Tana Adkin KC, chair of the CBA, backed Edis’s initiative but added: “If the government is serious about prioritising rape cases then it needs to urgently invest in the dedicated workforce who are specially trained in this work. We are unable to retain and recruit the brightest and the best barristers to Rasso work if fees remain unequal between prosecution and defence and remuneration remains low when compared to other work.”
Due to exceptional circumstances, it is anticipated that not all 181 cases will be resolved by the end of July. However, individuals filing complaints will have the option to request an explanation from the courts.
Source: theguardian.com
