By Lucy Caulkett-
The Centre For Women’s Justice are representing a coalition of women’s organisations planning to take legal action against the CPS over claims cases are being “dropped” without good reason.
The plan in progress to legally challenge the CPS for insufficient good reason in dropping rape allegation will require a top lawyer to set out the case very well as to why the CPS should stop trying to second guess the court’s decision in a rape case, and try and send more complaints to court by charging the accuse. Representatives of the Centre For Women’s Justice believe rapist will always take advantage of a loop hole in the law if they know they can rape a woman and get away with it just because there was no witness around at the time. Better questioning by police of both the defendant and the alleged victim should guide the CPS better to know when to press charges even where there are no witnesses, and leave it to a jury to decide after cross examination by a competent lawyer.
Lawyer Harriet Wistrich, who founded the CWJ, (pictured)told BBC Radio 4’s Today programme there was “compelling” evidence the collapse in prosecutions was mainly caused by “a deliberate change in the approach taken by the CPS dating back to late 2016”. The Cps are therefore being criticised for adopting an approach that basis their decision to charge alleged rapists on whether they believe a case would be successful in court. The move by the CPS generally weights up the strength of the evidence, but critics believe that in more cases the CPS should assess the story closely on intuition too and allow room for rigorous legal questioning to expose the contradicts in the testimony of a true rapist.
Dame Vera Bair, the victims’ commissioner, called on Prime Minister Boris Johnson to intervene by giving the justice system adequate resources and funding support services for survivors. She questioned whether “abandoning thousands of cases of potentially traumatised men and women” was “ineptitude” or “deliberate policy” by prosecutors.
GROWING GAP
Also speaking to the Today programme, Max Hill, director of public prosecutions, denied there had been a change in approach from prosecutors at the CPS, but said he shared concerns at the “growing gap” between reported rapes and the number of prosecutions.
He told Today: “I am not going to point the finger in any particular direction. We – all of us working in the criminal justice system – need to come together now to discuss this.”
Deputy Chief Constable Sarah Crew, the National Police Chiefs’ Council lead for rape and adult sexual offences, said the decline in convictions reflects “a justice system that is stretched and under pressure”.
But she said police were working with victims’ groups to address issues that prevent people from reporting rape or from continuing to support an investigation.
he independent CPS watchdog, Her Majesty’s Crown Prosecution Service Inspectorate, has also launched a review of charging decisions in rape cases.