Criminal Justice and Sexual Offence Cases
The newly released report from Victim Support, titled Suffering for Justice, reveals that the court process is severely re-traumatising victim-survivors of sexual violence, contributing to mental health crises including post-traumatic stress disorder (PTSD), suicidal thoughts, and even suicide attempts. This troubling study, based on the experiences of victim-survivors whose cases proceeded to court, highlights how the criminal justice system exacerbates trauma, from the alleged use of rape myths during cross-examinations to long delays and inadequate support throughout the legal process.
It should perhaps not be surprising that Victim Support uses the phrase “victim-survivors”, but unless and until an allegation is found to be accurate by a court or jury, the witness is more appropriately referred to as a complainant.
Key findings from the report include:
Rape Myths in Cross-Examination: A significant 73% of victim-survivors were subjected to harmful and discredited rape myths during cross-examinations. Questions implied they were responsible for their assault, with one-third (36%) asked what they did to stop the attack, one-third (33%) accused of seeking revenge, and others questioned about their clothing (15%) or alcohol consumption (33%). These tactics retraumatize victims by shifting blame onto them.
These figures are in our view somewhat surprising given the specialist training advocates in sexual offence cases have been receiving for many years now. Whilst this may well reflect witness perception, we very much doubt that it is the reality. Such tactics are also recognised as counter-productive, unlikely to engender jury sympathy and risking judicial wrath.
Court Delays and Adjournments: Half of the cases waited over three years from police reporting to the first court date, with nearly half (47%) experiencing multiple adjournments. These prolonged delays left victims in emotional limbo, sometimes without updates for months, causing immense psychological strain.
Inconsistent Special Measures: Although measures like testifying behind screens or via video link were supposed to make the court process less traumatic, they were not consistently provided. Victims who initially qualified for special measures as minors often lost them once they reached adulthood due to delays.
Inadequate Support and Communication: Many victims were left without crucial information at various stages of the process, including explanations for adjournments, updates on sentencing, or understanding the meaning of judicial decisions. Some victims had no communication from authorities for months, increasing their sense of abandonment and frustration.
Ellie, a rape victim, shared how she endured five years of delays and had to fight to reopen her case after the police closed it without charges, only to later discover her attacker had reoffended. Similarly, Kate, a sexual assault survivor, faced inappropriate questioning about her clothing during cross-examination, reducing her to tears.
The report demands urgent reforms to prevent further harm to victim-survivors, including ending the use of rape myths in court, ensuring timely trials, and providing better support throughout the process. Victim Support’s CEO, Katie Kempen, has called for systemic changes, stating that the criminal justice process is asking too much of victim-survivors and causing profound damage to their mental health.
This report amplifies the need for change, highlighting the overwhelming emotional cost victim-survivors bear in their pursuit of justice.
It should also be remembered that delays in sexual offence cases, and indeed all cases, affect defendants awaiting trial and an opportunity to demonstrate their innocence, which is why we, as criminal justice professionals, call for substantial investment in the criminal justice system.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: Crown Copyright