Rape trials collapse due to record court delays

Justice system backlog sees doubling of victims pulling out of cases

- Emily Dugan Michael Goodier

The number of rape victims pulling out of prosecutions before trial has more than doubled in five years amid record delays in the courts system in England and Wales, Guardian analysis has found.

There is also growing evidence that measures designed to make justice more bearable for those in rape cases are resulting in longer delays - and making a conviction less likely.

Insight into impacts on rape victims comes as the Guardian launches an examination of the crisis in courts across England and Wales, with the crown court backlog predicted to hit 100,000 without radical action.

In the past year, more than 280 rape prosecutions (7.3% of the total) have fallen through following the withdrawal of an alleged victim after the suspect has been charged. The rate of attrition has more than doubled in five years, up from 62 complainants abandoning cases between charge and trial in 2019, or 2.8% of the total.

The court backlog for adult rape cases is at a record high, with 3,656 people awaiting trial in June, more than five times the number in 2019.

Some alleged victims are walking away after years spent awaiting trial, while in other cases an alleged abuser may die before facing justice.

According to a major study of crown court cases, women who prerecorded their evidence in rape trials - instead of giving evidence in person in the courtroom - were 41% less likely to secure a conviction.

Special measures such as allowing vulnerable complainants to be interviewed and cross-examined on video before a trial were introduced more than two decades ago under section 28 of the Youth Justice and Criminal Evidence Act 1999. In 2022, they were expanded to cover all adult rape and serious sexual assault cases.