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Why are rape prosecutions falling? Why are rape prosecutions falling?
(about 1 month later)
Recorded rape offences have risen by 43% in England and Wales - but the proportion making it to court has more than halved since 2016. The number of reported rapes making it to court in England and Wales has continued to fall, Crown Prosecution Service (CPS) figures show.
The police are referring fewer cases to the Crown Prosecution Service (CPS), which, in turn, is deciding that fewer of those that are referred should go to trial. Over the past five years, rape offences reported to police have risen by about 65% to 55,195. However, the proportion making it to court (prosecutions) in that time has more than halved.
But the HM Crown Prosecution Inspectorate (HMCPSI) has found no evidence the CPS is prosecuting only "easy cases where a conviction was more likely". The last available 12-month figures showed a fall to 2,343 prosecutions in the year to September 2019, compared with 3,034 in the 12 months to March 2019.
An increase in the amount of evidence involved, from phones and social media, has made these cases more difficult for police, prosecutors and, potentially, victims. From the point that a crime is reported to the police, to a decision being made in court, there are a number of hurdles that have to be overcome.
Victims' commissioner Baroness Helen Newlove, meanwhile, has said the fact police and prosecutors now ask complainants in rape cases to agree to hand their phones over or face the prospect of prosecutions being dropped is "unlikely to do anything to help reverse the fall in prosecutions for rape and sexual violence". At each stage in the criminal justice system, cases are dropped.
More complainants are withdrawing their allegations before the police can refer their cases to the CPS, it says. As a result, rape prosecutions represent a small percentage of all reported rapes. And an even smaller proportion lead to a conviction - when someone is found guilty. So, what's going on?
Katie Russell, of charity Rape Crisis, said resourcing was also an issue, with both the police and prosecutors needing more funding to pursue these complex cases. Gathering evidence
Rising reports The police have to gather enough evidence in order to refer a case to the CPS - the body which conducts criminal prosecutions in England and Wales.
Reports of rape have tripled in the past decade. But there has been an increase in the amount of evidence to consider, often from phones and social media. This has made these cases more difficult for police, prosecutors and, potentially, victims.
Part of this has been linked to the Metropolitan Police's Operation Yewtree investigation, set up following revelations about paedophile Jimmy Savile. More complainants are withdrawing their allegations before the police can refer their cases to the CPS, according to victims' commissioner Baroness Helen Newlove.
There was also an increase in reports after the 2011 introduction of a right for complainants to have the handling of their cases reviewed. She says that police and prosecutors asking complainants in rape cases to agree to hand their phones over is "unlikely to do anything to help reverse the fall in prosecutions for rape and sexual violence".
And as reports rose, the proportion of prosecutions leading to a successful conviction fell slightly. Katie Russell, of charity Rape Crisis, said resources were also an issue, with both the police and prosecutors needing more funding to pursue the rising numbers of these complex cases.
Dropped cases In the year to September 2019, 5% of all rape cases reported to the police were referred to the CPS - down a third since 2017. Of these, four-fifths made it to court.
After this fall in the conviction rate, the CPS became more reluctant to allow cases to proceed without strong evidence, according to Ian Kelcey, who co-chairs the Law Society criminal law committee. Getting to court
In November, it was revealed the CPS had previously had a secret conviction rate target, introduced in 2016 - that 60% of rape cases should end in a prosecution. Once a case is referred by the police, the CPS decides whether there is enough evidence to charge a suspect with a crime. Only after this can it go to court.
And it was suggested this may have caused prosecutors to drop weaker or more challenging cases. The CPS has been bringing fewer rape prosecutions over the past few years. This is partly down to fewer referrals by the police, but the fall in the proportion of cases charged by the CPS is greater than the fall in the numbers being referred to it.
This is thought to be in part a reaction to a fall in the number of successful convictions.
As a result the CPS became more reluctant to allow cases to proceed without the strongest evidence, according to Ian Kelcey, who co-chairs the Law Society criminal law committee.
In November, it was revealed the CPS had previously had a secret conviction rate target, introduced in 2016 - that 60% of rape cases should end in a prosecution. It was suggested this may have caused prosecutors to drop weaker or more challenging cases.
Another possible reason is changes made to the Policing and Crime Act for England and Wales, which led to more people suspected of crimes, including rape, being released without bail. Previously, people might have been released on bail with conditions attached and regular reviews.
According to Mr Kelcey, this change has led to cases being left to drift.
The CPS itself says it has "worked hard in recent years to improve how we deal with sexual offences" and will "always seek to prosecute where there is sufficient evidence to do so".The CPS itself says it has "worked hard in recent years to improve how we deal with sexual offences" and will "always seek to prosecute where there is sufficient evidence to do so".
'Drift' At the end of last year, the HM Crown Prosecution Inspectorate (HMCPSI) investigated whether the CPS was prosecuting only "easy cases where a conviction was more likely", but was not able to find evidence this was happening.
There was a particularly significant fall in rape cases making it to court between 2016 and 2017, from 8.1% to 3.3% in a single year.
This coincided with amendments to the Policing and Crime Act for England and Wales, which favoured releasing people without bail when there was not enough evidence to arrest or charge.
Previously, people suspected of crimes, including rape, might have been released on bail, with various conditions attached, and their case would have been regularly reviewed.
And, according to Mr Kelcey, this change has led to cases being left to drift.
This piece was originally published in April 2019, but has been updated to include the latest statistics.This piece was originally published in April 2019, but has been updated to include the latest statistics.
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