A report by charity Victim Support highlighted instances where rape survivors were accused of seeking ‘revenge’ by lawyers in court amid calls for better support
Rape victims are being accused of wanting to get justice to seek “revenge” by lawyers in court, a damning report says today.
Survivors continue to be grilled about what they were wearing or whether they were drunk when they were attacked as rape myths hang over the justice system, research has found. The significant report, from leading charity Victim Support, compiles devastating testimonies from women who are being retraumatised through the trial process, with many left regretting ever reporting the offence to police.
Interviews with victim-survivors revealed one in three were asked by defence barristers what they did to stop the offence while it was happening or faced accusations that pursuing justice was a way of seeking revenge. A third faced questions about their alcohol consumption or substance use, while 15% were asked about what they were wearing.
Some 12% faced accusations that the incident was regretful or bad sex. Researchers, who analysed dozens of cases, also highlighted the years-long wait victims have to get to trail.
Half of people are waiting three years or more from reporting a rape to police before they have their first court date, they found. One survivor Ellie, who was raped in 2018 and had her trial five years later in 2023, said taking the stand to be cross-examined “was the scariest thing I’ve ever done in my life”.
“It felt like I was walking to the gallows or like an animal in a corner being attacked,” she told the charity. She said the most difficult moment was when they brought up the perpetrator’s account of what happened, adding: “They tried to make out it was some kind of revenge. That I had this wild night, then regretted it.”
Kate, a victim of sexual assault, waited three years and experienced three adjournments before her case eventually came to trial in 2023. She was a child when she first reported the offence but by the time her court date came around, she was over 18 and was no longer granted additional special support.
Speaking about her cross-examination by a defence barrister, Kate said: “She asked me what I was wearing and that didn’t sit right with me. She made it out like I was doing something to provoke him. Some of the questions were a bit far.
“She was almost victim blaming. Just as the questioning had finished, I started crying.” Justice Secretary Shabana Mahmood last month said the reform “most urgently needed” in the justice system is “when we consider the plight of women”.
She used her speech at Labour conference to hit out at that fact 60% of victims drop out of rape cases before they get to trail, as she set out plans for victims to have access to specialist and independent legal support. Katie Kempen, Chief Executive Officer at Victim Support said: “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.”
Victims’ Commissioner for England and Wales, Baroness Newlove, said: “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.”
She continued: “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.”
Victims and VAWG Minister, Alex Davies-Jones, said: “This Government inherited a justice system in crisis, with cases delayed for far too long and victims dropping out.
“We are now taking action that will begin to address this deep injustice. New independent legal advocates will ensure rape victims voices are heard and their rights are respected.
“We are placing dedicated support workers in 999 call centres. We are exploring how we can fast-track rape cases through the system. And we will not rest until victims and survivors have the experience they deserve.”