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% 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 was written by Her Majesty's Inspectorate of Constabulary (HMIC) and Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI).
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
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, the report said.
It said the scale of false allegations was being over-estimated, and subjective judgments were 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 in England and Wales make better use of evidence which shows a defendant's previous "bad character".
Inspectors found that some police looked 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, and that decisions to take no further action were made "prematurely" in a number of cases.
There were also concerns that the Crown Prosecution Service (CPS) has no criteria for its specialist rape prosecutors, including minimum levels of competence.
Detection rates
Detection rates
And the report says CPS decisions to take no further action were taken "prematurely" in a number of cases.
One woman who had her case dismissed by a judge is "Catherine" (not her real name).
She told Radio Five Live: "They wanted me to describe the exact moment that I fell asleep and obviously that's not a moment that you can always specify.
"The judge actually suggested to me, 'Well, if you can't remember what happened during that time, then surely during that time you could have consented to sex with this man?'"
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 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 include inconsistency over the way forensic doctors examine victims, a lack of training for frontline officers, variable use of "early evidence kits" by police and poor management of rotas for specialist officers.
Inconsistency
over the way forensic doctors are employed to examine victims
Some 752 reported rapes in 2005 were reviewed by inspectors.
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
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".
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.
'Determined'
'Determined'
Dr Katherine Rake, director of equality campaign group the Fawcett Society, said "wholesale reform" was needed.
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.
"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."
But Deputy Assistant Commissioner John Yates, of the Association of Chief Police Officers, said the problem was that in over 85% of cases the victim was known to the suspect.
He said: "Those are the most challenging cases to prove.
"These are the cases that take place often behind closed doors where there are no other witnesses, where the forensic evidence is of limited value due to the consent issues."
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