Rape and serious sexual assault survivors given right to have dropped cases reviewed

Criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction.

However, under the pilot, which launches this week in the West Midlands, survivors of rape or serious sexual abuse will be offered the right to request a review by a different prosecutor before their case is dropped. If that prosecutor determines there is enough evidence, the case will continue.

Siobhan Blake, Crown Prosecution Service (CPS) lead for rape and Chief Crown Prosecutor of CPS West Midlands said: “We know for rape victims, the prospect of their case being stopped can be absolutely devastating.

“Although they can request a review of our decision making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstance we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome.

“This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor.

“If the original decision is reversed then the case will continue, but even if it can’t, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision making.

“Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. This pilot offers an earlier check and balance which provides extra reassurance for victims.”

Jade Blue McCrossen-Nethercott campaigned for a change after the CPS dropped her case by offering no evidence in court. A subsequent Victims Right of Review (VRR) said the prosecution should have gone ahead but could not be reinstated.

Her case was featured in the BBC documentary,‘Sexsomnia – Case Closed’ where she waived her anonymity to highlight issues relating to the futility of a VRR process which cannot reverse the decision to end a prosecution.

She said: “I’m hugely excited about what this pilot could mean for victims, and I hope it proves successful enough to be rolled out across the country. This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it.

“I was profoundly failed and let down by how my case was handled, but I’ve since seen people within the CPS who are genuinely working to make it better.”

Solicitor General Lucy Rigby KC MP said: “This government is treating violence against women and girls with the seriousness it deserves.

“Part of that is about empowering victims and improving their experience of the criminal justice system. That’s exactly why I have worked with the CPS on a new pilot scheme for victims of rape and serious sexual assault, which will allow victims an enhanced right of review in cases where the CPS intends to offer no evidence, importantly prior to a case being stopped.

“Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue.”

The Centre for Women’s Justice (CWJ) welcomed the introduction of the pilot.

For several years been assisting victims who pursue VRR and as a result of this work, it has helped reverse many decisions. Between 2019 and 2023 CWJ assisted in 38 cases resulting in the accused being charged.

However, although the VRR scheme is available to victims in all cases, it has up until now been of very limited value where a decision is made to offer no evidence, said the CWJ.

Working together with the former Victims’ Commissioner, Dame Vera Baird and Victim Support, it made representations to the CPS inviting it to introduce a meaningful VRR process for those survivors.

CWJ provided details of 14 case studies where victims were deprived of a meaningful VRR. This was part of the CPS research which has led to the introduction of this new pilot.

Harriet Wistrich, director of the CWJ, said: “We are delighted the Solicitor General and CPS have listened to the evidence provided by Jade and other women we have supported and the legal arguments we have made together with Dame Vera.

“The pilot is an important breakthrough for victims of rape offering them a renewed hope for justice. However, the time frame for challenging decisions is very short and we believe it is important that when such decisions are made, those affected are offered information about the availability of independent legal advice.”

Dame Vera added: “This is a tribute to the courage of Jade Blue. Her lived experience was the power which drove this significant benefit for rape complainants. Now the CPS have responded to the devastation that this caused to her and will have caused to other rape complainants in the same position.

“They have decided to pilot a different approach which allows time for the VRR to be heard, in most cases, ahead of any final decision. The CPS willingness to listen and to design this pilot is commendable.”