Rape: The Victim Experience Review

Posted on November 25, 2009
Filed Under 16 Days 2009 2008, Consultation, England, Publication, Rape and Sexual Assault | Comments Off

In the summer of 2009 the Home Secretary asked Sara Payne to make recommendations on how the criminal justice system’s response to rape victims could be improved by undertaking a ‘Victim Experience Review’.

The purpose of the review was to understand from the victim’s point of view how the criminal justice system was measuring up, and how it was letting them down.

Sara held a series of focus groups across the country with rape victims, front line police officers and the Crown Prosecution Service. The findings from the focus groups have helped Sara make her recommendations.

The recommendations in this report have contributed to the development of the Violence Against Women and Girls strategy.

http://www.homeoffice.gov.uk/documents/vawg-rape-review/

Recommendations for immediate action
* Public attitudes to rape and other forms of sexual violence should be challenged through an awareness campaign
* Sexual violence should be included in education in schools as part of healthy relationships and respect themes
* The number and quality of ISVAs needs to be improved, with sustainable funding provided through all partners
* The quality of SARCs need to be improved to ensure consistent high quality provision across the country, with sustainable funding provided through all partners
* Training for police and CPS should be implemented consistently across the country and be regularly updated, with specialist third sector organisations and victims involved wherever possible
* Items seized by police as evidence, such as mobile phones, should be returned to victims as quickly as possible with clear communication with the victim about evidential needs
* Agencies, particularly the police and CPS, should work to the same targets to ensure a coherent, multi-agency response to rape complaints
* The CPS should improve the way in which they inform victims that their case will not proceed to trial
* An independent expert should be appointed to maintain the focus on driving through improvements in responding to rape complaints

Wider challenges

The criminal justice system’s treatment of men and vulnerable people (including young people, older people, people with disabilities and sex workers)
My review concentrated on the experiences of adult women. Further work should be done to consider the needs of men and vulnerable people who are less likely to report, less likely to receive appropriate support and less likely to obtain a conviction. Particular focus should be given to young people, particularly the issue of sexual exploitation in schools and the use of rape by gangs.

Special measures
There is a clear need for the issue of special measures, and how they impact on rape cases, to be considered further. Several respondents from the police and CPS recommended that the legislation relating to special measures should be reviewed.

Previous sexual history
Victims worry that their previous sexual history will be raised in court. Despite legislation, agencies do not feel able to reassure victims that this will not happen. Further consideration should be given to whether the legislation is working as it should, taking into account recent research on this issue.

Judges
Given the extreme vulnerability of this category of victims, engagement of the judiciary in further reforms is critical to the improvement of victims’ experience of the Criminal Justice System.

Gender matters
Women want support from women-only services and would like ‘real choice’ throughout the criminal justice system from reporting a case, forensic examinations and police photographers. The needs of victims, and how those needs are being met by the agencies they are in contact with, should be considered further.

Juries’ attitudes – the need for expert evidence or independent legal advocates
Juries are likely to hold the same misconceptions about rape as the general public. As well as information campaigns, consideration should be given to how these misconceptions should be addressed. Experience from other countries or the previous consideration of the need for expert evidence should be used to inform these decisions.

Perceptions of sentencing and treatment of perpetrators
Victims feel that sentences are too low; do not reflect the impact the crime has on them and impact on their ability to feel safe. Victims feel that perpetrators are treated too leniently in prison. This issue needs to be borne in mind when Government considers ways to increase reporting; they must also consider the issue of victim safety which I believe can only by addressed by improving joined up working from all relevant agencies.

Media responsibility
The media has a significant role to play in educating the public and accurately reporting the realities of rape, the conviction rates once cases reach court, and help available.

Support in Court
Further consideration should be given to the rules around what support is available in court in terms of allowing a person to accompany a victim/witness.

Support services
The important role of the specialist women’s voluntary sector should be recognised and central and local government should work with the sector to improve their capacity and sustainability. There should be more, and better quality, SARCs and ISVAs which should be recognised by local areas as essential ways of responding to sexual violence and rape.

Evidence
Further information should be sought on the issues raised with me regarding transcribing video evidence and limiting the length of video evidence to ensure that measures to ensure victim/witnesses give their best evidence are not being undermined.

Perpetrator access to children
Further evidence is needed as to whether there are sufficient protections in place for women and their children where a perpetrator has been convicted of rape or abuse.

Rape: The Victim Experience Review (PDF file – 133kb)
The purpose of the review was to understand from the victim’s point of view how the criminal justice system was measuring up, and how it was letting them down.

Download full report from http://www.homeoffice.gov.uk/documents/vawg-rape-review/rape-victim-experience.pdf?view=Binary

Comments

Comments are closed.