On 10 October 2024 Victim Support Court published a new Report, ‘Suffering for Justice’, relating to ‘the experience of sexual violence victim-survivors where the defendant has been charged and the case has gone to court’.
Summarising the Report, Victim Support note:
- “Court process re-traumatising: PTSD, suicidal thoughts and suicide attempts amongst victim-survivors of sexual violence
- “She asked me what I was wearing”: three quarters subjected to rape myths during cross examination
- Severely long waits and repeat adjournments at every stage of criminal justice system
- The court process is re-traumatising victim-survivors of sexual violence, with some being diagnosed with post-traumatic stress disorder (PTSD) and experiencing suicidal thoughts, according to a new report published today (Thursday 10 October) by the charity Victim Support.
- Some made suicide attempts whilst going through the court process”.
Of particular note is that it is stated ‘three quarters (73%) of victim-survivors were subjected to questions and accusations associated with rape myths by the defence, during cross examination’,namely:
“Of cases analysed:
-
- One-third (36%) of victim-survivors were asked what they did to stop the offence while it was happening
- One third (33%) faced accusations that pursuing justice was a way of seeking revenge
- One-third (33%) experienced questions about their alcohol consumption or substance use
- 15% faced questions about what they were wearing
- 12% faced questions and accusations that the incident was just regretful or bad sex”.
They go on to write ‘Victim Support says the use of rape myths and victim-survivors’ sexual history must stop’.
Katie Kempen, Chief Executive Officer at Victim Support said:
“The court process is, quite simply, asking too much of victim-survivors. There is a post code lottery, when it comes to whether they are receiving vital rights – like special measures and information about the progress and outcome of their case.
…
Victim-survivors who go to court are left dealing not only with the impact of the crime, but also their experience of the criminal justice system. The process is re-traumatising people and profoundly damaging their mental health – many regret that they ever reported the crime to the police. This research must be a catalyst for change – victim-survivors are paying way too high a price for justice.”
They note that:
“Victim Support is calling on the government and criminal justice agencies to:
End use of rape myths and victim-survivors’ sexual history by the defence.
Deliver victim-survivors every single one of their rights under the Victims’ Code.
Make tangible, time bound commitments to reducing court delays and adjournments.
Provide free, timely transcripts of judges’ sentencing remarks for victim-survivors”.
Responding to the Report, Baroness Newlove, the Victims’ Commissioner for England and Wales, said:
“I welcome this report and its calls for urgent reform: long waits, poor communication, as well as inconsistent access to support and special measures must all be addressed if we are to genuinely improve the victim experience.
The report raises serious questions about the treatment of, and support offered to, victims recovering from sexual violence – and sadly mirrors what victims often tell me. Whilst not surprising, it is deeply worrying to hear how navigating the court process – a system in place to deliver justice – instead left many feeling re-traumatised and distressed.
The evidence is clear. Lengthy waits for justice are taking a toll on victims and their wellbeing, while also jeopardising their chances at justice. Too often, victims are left frustrated and in the dark – some even regretting having engaged with the system in the first place.
I am grateful to Victim Support for placing the victim experience at the heart of its findings. Too often, victims’ voices are overlooked, but by so powerfully platforming victim voices, this report ensures that their concerns take centre stage.
The average adult rape case now takes 393 days to get to trial once it has reached court. Behind that number are countless victims with their lives ‘on hold’, trying to cope and recover from a life-altering – and often life-shattering – ordeal. We owe it to them to do better”.
For the Victim Support Report see here.
For the response of the Victims’ Commissioner see here.
Original reporting by Family Law Week