Prosecuting rape

How Police and the Crown Prosecution Service work together

The police are responsible for investigating allegations of rape and for gathering the evidence.

The Crown Prosecution Service has the responsibility for deciding in all but the most minor cases whether a suspect should be charged with a criminal offence. They also decide what the charge, or charges should be.

Even when police have a reasonable suspicion that a suspect has committed the offence of rape, they must refer that case to a Crown Prosecutor, who will make the decision whether to charge.

Not all lawyers are the same. The Crown Prosecution Service has established a network of specially-trained rape specialist prosecutors.

There are 12 rape specialists – based in each of Warrington, Crewe and Chester, as well as Jane Large, the senior Crown prosecutor and the Cheshire area rape co-ordinator.

The same specialist prosecutor aims to be responsible for the case from beginning to end and will work closely with the police throughout.

“Early consultation will take place between the specialist prosecutor and the police to ensure that all possible avenues of evidence are explored and that the correct charge is identified,” Jane said.

Specialist training for lawyers who prosecute rape and serious sexual assault cases include courses on Special Measures, Domestic Abuse and Direct Communication with Victims to ensure the Crown Prosecution Service keep people informed of the legal process.

Will everyone know I’ve been the victim of rape?

Victims of rape and serious sexual offences are entitled as a matter of law to anonymity in the media, even if their name has been given in court.

Furthermore, addresses of witnesses are not disclosed to the defendant and, unless already known (for example, where an offence is committed by a neighbour) or if required for evidential purposes, will not be mentioned in the court proceedings.

How much evidence is needed to prosecute?

The police service is working closely with its key partners in Government and the Crown Prosecution Service to improve the quality of investigations and prosecutions and ensure a joint approach to case building. Cheshire Constabulary is being assisted in applying the new standardised practices by a specialist team to ensure there is a uniform approach to the handling of rape cases.

Rape usually takes place in a private setting where the victim is the only witness. Unless the defendant pleads guilty, the victim will almost certainly have to give evidence in court.

Where there is conflicting evidence, the prosecutor has a duty to assess the credibility and reliability of the victim's evidence.

The police will always look for corroboration or supporting evidence such as medical or scientific evidence, CCTV evidence, or eyewitnesses to events prior to or after the incident. But it is not essential and a prosecution can still go ahead without it. However, the prosecution must always prove the defendant's guilt.

Cases may fail because a jury cannot decide between what the victim says and what the defendant says. This is why it is essential to obtain all possible forensic and scientific evidence as soon as possible.

If a case comes down to one person’s word against another, forensic evidence is crucial. The earlier a rape is reported, the higher the chance of building a strong prosecution case.

Jane Large, a senior Crown prosecutor and Cheshire area rape co-ordinator said rape was taken “very, very seriously.”

“You can’t specify how rape convictions can be improved or what evidence we need to improve them because it is a very complex subject with many contributory factors including myths, stereotypes and societal perceptions of how women and men ought to behave,” she said.

“I can only emphasise the steps we are making in terms of our policies, our good practice, case monitoring and working closely with the police to built strong cases.”

Special Measures to help victims give evidence

Giving evidence in court can be a particularly traumatic experience for victims of rape. In particular, some victims may find it difficult to give evidence in the sight of the defendant.

If this is so, the Crown Prosecution Service can apply to the court for the victim to give evidence in another way so that he or she can give their best evidence. These alternative ways of giving evidence are known as Special Measures and examples include:

• Playing to the court the victim or witness video interview taken by the police during the course of the investigation.
• Giving evidence from behind a screen in a courtroom
• Giving evidence away from the courtroom through a live television link to prevent the victim or witness having to go into court.

Evidence may also be given in private by clearing the public gallery in sexual offence cases or cases involving intimidation.

“Each case, each victim, each witness will be different,” Jane Large said.

What happens if the victim of rape no longer wants to give evidence?

Sometimes a victim may withdraw support for a prosecution and may no longer wish to give evidence. This does not mean that the case will automatically be stopped.

If the victim has decided to withdraw support for the prosecution, the court hearing may be delayed to investigate the facts and decide the best course of action.

Police will need to take a written statement from the victim to explain the reasons for their withdrawal. This will include asking if the original complaint was true and to find out if the victim has been put under any pressure to withdraw support.

A further investigation may be launched – including the possibility of pressing witness intimidation charges. The case could continue – even against a victim’s wishes.

If the Crown Prosecution Service chooses not to proceed in a rape case, or alter the charges, they will contact the person within 24 hours of making the decision and also meet with them to explain the decision.

“We are trying to de-mystify the process and explain what we are doing,” Jane Large said.

Throughout this whole process and beyond, Victim Support is there for support.