Rape: Prosecutions

Baroness Burt of Solihull Excerpts

Thursday 30th January 2025 Grand Committee

[Baroness Burt of Solihull (LD)]

My Lords, I start by thanking the noble Baroness, Lady Jones, for convening this debate, which is very necessary and comes at a very appropriate time. Before we even start, however, digital research from the CSEW showed that fewer than one in six victims—16%—of sexual assault by rape or penetration had reported the incident to the police. The most common reasons given for non-reporting were embarrassment, at 40%; that they did not think the police could help, at 38%; and that they thought it would be humiliating, at 34%. All of those may well be true, but also, one-quarter of victims thought that the police would not believe them. That is something we can start working on strongly with the new Government.

I think we can safely assume that, whatever the final numbers are, the number of charges, let alone convictions, is infinitesimal compared to the number of rapes perpetrated. The number of prosecutions is increasing, although, as we have heard, conviction rates are decreasing. However, there is also an increase in what the CPS calls victim attrition, which a number of colleagues have mentioned this afternoon: prosecutions that stopped because the victim no longer supported, or was unable to support, a conviction. No wonder many perpetrators continue with impunity, given that they are never likely to be prosecuted. That is one of the most fundamental things. We know that certainty of prosecution is a big issue when it comes to perpetrators considering what they are doing.

What steps would make a difference? The causes and outcomes are very complex. First, there is the “He said, she said” argument. Police must gather enough evidence to refer a case to the Crown Prosecution Service, but there has been a great increase in the information available to consider: mobile phones, social media, et cetera. This does not always work out in the victim’s favour; it is a continuation of the “She must have been asking for it” type of argument. Being asked to hand over their mobile phone has led many victims to withdraw their complaint. In the words of Dame Vera Baird:

“They cannot face the unwarranted and unacceptable intrusion into their privacy”.


Charges for rape are as low—or nearly as low—as ever. The number of cases that have collapsed after failures in the way they were prosecuted is too high. That is totally inappropriate, and it is depressing. Then there are the time delays. According to the Home Affairs Committee, many victims say that if they had known how long it would take—we have heard that it can take 10 months, possibly now even 18 months—they would not have called the case to the attention of the police in the first place. That puts other victims in greater danger, too.

If there is enough evidence, only then can the accused perpetrator be charged. In the year to September 2021, just 1.3% of rape cases resulted in a charge, compared with 7.1% for all other recorded crime. Considering that we so frequently know the identity of the perpetrator, I am sure that everyone in this Room would agree that that is totally unacceptable. The CPS is bringing fewer rape prosecutions, often because the police do not put them forward. Why are fewer cases being put forward? In some cases, it is because the police have heard that the CPS is making fewer prosecutions. There is a self-fulfilling prophecy for noble Lords.

Then there is the funding. The Institute for Government estimated that the CPS budget was cut by 28% between 2009 and 2018. We are told that the Government have announced £40 million to support victims of crime, at least half of which is for community-based sexual violence and domestic abuse. Is that enough? I am sorry to say that I do not think it is—not by a long chalk. Cuts are still being made. RASA Merseyside, which supports victims with advice, counselling and guidance through the justice system, says that its funding has been reduced in real terms by 18%. There is more demand but fewer staff, leading to less support.

What is to be done? We have had some great suggestions this afternoon, all of which I am sure the Minister will carefully consider. The new Labour Government have described prosecution rates for rape as “shamefully low” and pledged “tougher enforcement and protection”. They said:

“The most prolific and harmful perpetrators will be relentlessly targeted, using tactics normally reserved for terrorists and organised crime”.


That is fully justified, given the amount of terror they cause.

The Government have also pledged to fast-track rape cases, with specialist courts at every Crown Court location in England and Wales, which sounds good. I would be interested to know within what timescale the Minister thinks we may get those specialist courts up and running.

I certainly welcome the Government’s announcement of plans to

“roll out free, independent legal advocates for victims and survivors of adult rape”

from 2025. They said the advocates would ensure that victims

“have support to enforce their legal rights, for example, in relation to the use of personal records during an investigation or in court”.

Many fundamental assumptions are holding us back. I am intrigued and heartened by the suggestions we have heard this afternoon. So come on, Labour, let us get on with the job. Can we not think a little bit more outside the box?