Only 14pc of rape victims believe they'll get justice by reporting it

Only one in seven victims of rape (14 per cent) believe they will get justice by reporting it to police, with up to half saying they felt disbelieved, judged or treated as if they were at fault, a study by the Victims Commissioner has found.

The research, by Dame Vera Baird and based on 491 rape victims, found more than a quarter did not even report their attack, with the vast majority (95 per cent) saying they feared being disbelieved.

The second most frequent reason (88 per cent) was belief that the case would not be investigated or prosecuted successfully “because of my gender, sexuality or lifestyle.”

“Crucially, this suggests that survivors fear the impact of societal rape myths on their credibility, such as that police regard a high number of rape complaints as false and that only a ‘perfect’ model victim will be believed,” said Dame Vera.

“Other research shows that there are no more false complaints of rape than of any other crime; it is common sense that few of us would be a perfect model victim.”

“If rape is to be tried fairly and fear of prejudice is deterring complaints, this is a major challenge for the criminal justice system.”

Only about half of survivors agreed that police officers treated them with sensitivity, respect and fairness at the reporting stage.

The others reported that their credibility was repeatedly tested and they felt that they were under investigation.

“Requests to access their mobile phone data made this worse, a majority feeling that this was not sufficiently justified or explained, and that it felt intrusive,” said Dame Vera.

“Clearly, being believed and taken seriously by police is a critical factor when survivors consider reporting rape or sustaining a report they have already made.”

“For some, this also seemed procedurally unjust: for example, evidence was not considered, avenues not pursued, or reasons for discontinuance not justified.

“Those who had subsequent interactions with CPS tended to find them insensitive and were frustrated as, in no case, did it make any difference to the outcome.”

Once in court, three quarters of the rape victims found cross examination traumatising.

Dame Vera, a QC, said she was shocked to discover that, more than 20 years after cross examination on previous sexual history was restricted by law, nearly two thirds reported that they were questioned about it.

“Three quarters of these rape survivors did not think that they could get justice [see rape convictions, below]. Many did not even report to police since they expected to be disbelieved or sidelined because of their sexuality or lifestyle.

“It is very disappointing that those who did report, to some extent, proved those reservations correct: many indeed felt disbelieved, cases were dropped with devastating impact on complainants, little empathy from the prosecution service and clear concerns that decisions not to charge were made despite good evidence.

“The few who got to court were traumatised by cross examination which often included questions precisely about lifestyle and sexuality which had deterred others from reporting in the first place.

“When launching the Government’s Victims Strategy in 2018, the previous Prime Minister emphasised that the trauma of being a victim of crime 'must never be compounded by an individual’s experience of the criminal justice system. All victims of crime have a right to know that the state is on their side.’

“On this evidence, these laudable intentions have not begun to be realised for rape survivors. To them the criminal justice system is bound to fail and, worse still, to do so in a way that re-victimises them.

“If survivors of this deeply damaging and highly prevalent crime are to feel that ‘the state is on their side’, the Government’s end-to-end rape review must produce radical cultural transformation across the criminal justice system.”

Katie Russell, national spokesperson for Rape Crisis England and Wales, described the survey and accompanying testimonies as "devastating to read".

She said: "Yet, heartbreakingly, none of it will come as a surprise to those of us who work in the specialist sexual violence and abuse sector.

"The fact that the overwhelming majority of those who chose not to report to the police took that decision because they didn't think they'd be believed chimes with what victims and survivors tell us at rape crisis centres across England and Wales.

"The damning statistic that only 14 per cent of respondents believe it's possible for victims to get justice by reporting sexual offences to the police reflects the chronic failures of our system and the re-traumatisation it so often causes.

"Nothing short of cultural and systemic shift will do if we are to deliver the criminal and social justice for victims and survivors of these serious crimes that they so need, want and deserve."

Deputy chief constable Sarah Crew, from the National Police Chiefs' Council, said the survey results "make sobering reading".

She added: "It is really disappointing for us, as police officers, when any victim does not get the outcome they wanted or feels let down by the criminal justice system.

"The ongoing government review of rape will report back soon and we are committed to implementing any recommendations that would see a better level of service for victims."