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Rape prosecutions 'must improve' Rape prosecutions 'must improve'
(about 2 hours later)
Police and prosecutors are failing to implement measures to boost the rape conviction rate, watchdogs have warned.Police and prosecutors are failing to implement measures to boost the rape conviction rate, watchdogs have warned.
The police and the Crown Prosecution Service watchdogs said more effort should be made to build stronger cases.The police and the Crown Prosecution Service watchdogs said more effort should be made to build stronger cases.
Their report says too many rape claims are wrongly dismissed as unfounded, and some cases are dropped prematurely.Their report says too many rape claims are wrongly dismissed as unfounded, and some cases are dropped prematurely.
Only 5.31% of reported rapes results in a conviction. The director of public prosecutions says he is "determined" to improve the way rape cases are handled. Only 5% of reported rapes results in a conviction. The director of public prosecutions says he is "determined" to improve the way rape cases are handled.
'Bad character''Bad character'
The 175-page study written by Her Majesty's Inspectorate of Constabulary (HMIC) and Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) is likely to be a source of embarrassment and frustration for ministers who have sought to increase the number of convictions. The 175-page study was written by Her Majesty's Inspectorate of Constabulary (HMIC) and Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI).
We must make sure that we do what we are supposed to do when handling these cases Director of Public Prosecutions Sir Ken Macdonald
Police wrongly recorded rape allegations as "no crimes" in nearly a third of cases when the claims should have been investigated further, the report said.Police wrongly recorded rape allegations as "no crimes" in nearly a third of cases when the claims should have been investigated further, the report said.
It concludes that "there is an over-estimation of the scale of false allegations among practitioners and subjective judgments are still being made about victim credibility". It said the scale of false allegations was being over-estimated, and subjective judgments were being made about victim credibility.
The document recommends that police and prosecutors make better use of evidence which shows a defendant's previous "bad character", as it can now be used in court against them.The document recommends that police and prosecutors make better use of evidence which shows a defendant's previous "bad character", as it can now be used in court against them.
It states that there were cases identified "where lines of inquiry had not been fully explored and where further inquiries might have resulted in sufficient evidence to prosecute". Inspectors found that some police looked only for previous convictions instead of carrying out a wider search.
The report goes on: "Intention is not yet translating into fully effective practice on the ground, and several fundamental difficulties persist that are constraining the potential for more significant and sustained improvement."
Inspectors found that some police look only for previous convictions instead of carrying out a wider search.
There were also concerns that the Crown Prosecution Service (CPS) has no criteria for its specialist rape prosecutors, including minimum levels of competence.There were also concerns that the Crown Prosecution Service (CPS) has no criteria for its specialist rape prosecutors, including minimum levels of competence.
Detection ratesDetection rates
And the report says CPS case reviews tend to be variable, with the decision to take no further action taken "prematurely" in a number of cases. And the report says CPS decisions to take no further action were taken "prematurely" in a number of cases.
Commenting on the findings, Stephen Wooller - chief inspector of the CPS - said: "What has really got to happen now is a period of ensuring that what should be done is actually being done in practice." Stephen Wooller - chief inspector of the CPS - said: "What has really got to happen now is a period of ensuring that what should be done is actually being done in practice."
The report also argues that, where there is a dispute over whether the woman consented to sex, the authorities need to challenge the defendants' claims of consent "more vigorously".The report also argues that, where there is a dispute over whether the woman consented to sex, the authorities need to challenge the defendants' claims of consent "more vigorously".
And fears are expressed over high levels of variation in the detection rate in different police forces, from 22% to 93%.And fears are expressed over high levels of variation in the detection rate in different police forces, from 22% to 93%.
Other concerns raised in the document include:Other concerns raised in the document include:
  • Inconsistency over the way forensic doctors are employed to examine victims
  • Inconsistency over the way forensic doctors are employed to examine victims
  • Poorly-managed call-out lists and rotas for police officers who have received specialist training to handle rape allegations
  • Poorly-managed call-out lists and rotas for police officers who have received specialist training to handle rape allegations
  • The lack of training given to frontline police officers to initially deal with the crime prior to the arrival of specialists
  • The lack of training given to frontline police officers to initially deal with the crime prior to the arrival of specialists
  • Variable use of "early evidence kits" by police officers
  • Variable use of "early evidence kits" by police officers
    • Some 752 reported rapes in 2005 were reviewed by inspectors, of which 179 were recorded by police as "no crimes".Some 752 reported rapes in 2005 were reviewed by inspectors, of which 179 were recorded by police as "no crimes".
    However, investigations by the watchdogs revealed that 57 of these cases - 32% - did not comply with Home Office guidance and should have remained as recorded crimes.However, investigations by the watchdogs revealed that 57 of these cases - 32% - did not comply with Home Office guidance and should have remained as recorded crimes.
    Commenting on the findings, Dr Katherine Rake, director of the Fawcett Society, said: "Responses to allegations of rape need to improve all over the country so that women receive the help and support that they need at a time of crisis. 'Determined'
    "Wholesale reform is needed to give women confidence in the system, deliver justice to victims of rape and prevent violence against women." Dr Katherine Rake, director of equality campaign group the Fawcett Society, said "wholesale reform" was needed.
    "Responses to allegations of rape need to improve all over the country so that women receive the help and support that they need at a time of crisis," she said.
    Director of Public Prosecutions Sir Ken Macdonald said: "I am determined to improve the way we deal with these cases from start to finish.Director of Public Prosecutions Sir Ken Macdonald said: "I am determined to improve the way we deal with these cases from start to finish.
    "We must make sure that we do what we are supposed to do when handling these cases.""We must make sure that we do what we are supposed to do when handling these cases."