In a promising move towards expediting justice for rape survivors, judges have made a commitment to eliminate the excruciatingly long two-year court waits endured by victims seeking justice. Lord Justice Edis, a highly esteemed figure within Britain's judiciary, has declared his intent to clear the backlog of rape cases delayed beyond the two-year mark by the conclusion of this summer. Subsequently, his aim is to ensure that no rape victim endures such a prolonged wait beyond this point.
Describing the prevalent court delays, some stretching to five years, as a "serious stain" on the criminal justice system, Lord Justice Edis deemed them "unacceptable" for victims, witnesses, and defendants alike. As the senior presiding judge for England and Wales, he expressed a firm resolve to prevent the recurrence of such delays in future rape cases.
Currently, there are 181 cases, as of the end of last year, that have surpassed the two-year threshold while awaiting a trial date. This delay compounds the time taken for their complaints to be investigated by the police before prosecutors decided to charge a suspect. On average, a rape victim waits 358 days from the commencement of their trial to the delivery of a verdict. However, for the 181 victims enduring their third year of waiting, the situation is dire, exacerbated by the disruptive impact of the pandemic and subsequent industrial action by criminal barristers in 2020 and 2022, respectively.
To address this backlog, judges, barristers, and court staff have initiated measures to expedite proceedings. Cases with extended delays are flagged for priority treatment, with pre-hearings fast-tracked, trial dates set, and all parties consenting to fixed hearing dates. Lord Justice Edis has set a target deadline of July 31 to clear the backlog, acknowledging that a few cases may remain outstanding. Challenges persist, such as defendants absconding or claiming illness to avoid trial, highlighting the complexities of the legal process.
For instance, one victim has waited since May 2019 for her assailants to face justice in a retrial, now scheduled for May 2024. These delays, coupled with low police conviction rates and concerns over the retraumatization of victims during court proceedings, have contributed to a troubling trend: more than two-thirds of rape victims withdraw from investigations.
The judiciary's concerted efforts to expedite trials for rape survivors signify a crucial step towards restoring faith in the criminal justice system and delivering timely justice for those who have endured such grievous crimes.
The Johnson Partnership
Derby Crime Solicitors
01332 370 473