Source · Select Committees · Home Affairs Committee
Eighth Report - Investigation and prosecution of rape
Home Affairs Committee
HC 193
Published 12 April 2022
Recommendations
5
Deferred
Para 58
Mandate Government to specify operational partner accountability for increasing rape prosecution volumes
Recommendation
We recommend that if the progress updates demonstrate that the review is not having its intended impact, the Government react quickly and effectively, putting in place alternative actions. In its next progress update, the Government must set out exactly how …
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Government Response Summary
The government recognised potential benefits of a dedicated commissioner for victims of sexual violence and abuse and is considering this, with an update promised in due course, but did not address the committee's specific recommendations on reacting to lack of progress, holding operational partners accountable, NCJB reform, or ministerial updates.
Home Office
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6
Deferred
Para 63
Mandate Home and Justice Secretaries to detail criminal justice data linking aims and methodology
Recommendation
As the Government’s data note on the performance scorecards makes clear, it is not possible to accurately track individual offences or defendants across the criminal justice system for the purposes of statistical reporting. We welcome the fact that work to …
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Government Response Summary
The government outlined funding and progress for Operation Soteria, aiming for a national operating model by June 2023, but did not address the committee's specific request for further details on data linking work, its aims, methodology, and timescales.
Home Office
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7
Deferred
Para 64
Mandate Home Office and MoJ to collect and publish ethnicity data for rape victims
Recommendation
It is important that the justice system captures data about victims that can give insight into whether their protected characteristics might affect their criminal justice journeys. We recommend that the Home Office and the Ministry of Justice work with the …
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Government Response Summary
The government discussed existing work and funding for initiatives addressing vulnerability, such as the d/Deaf Access to Policing Strategy and the Vulnerability Knowledge and Practice Programme, and committed to updating the Committee on this within 12 months, but did not specifically commit to collecting and publishing ethnicity data for rape victims.
Home Office
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8
Deferred
Para 69
Ensure long-term, sustainable commissioning and funding models for specialist rape victim support services
Recommendation
The provision of specialist support to victims and survivors of rape is vital, given the devastating impact of sexual violence and the difficulties complainants face during the investigation and prosecution process. The Government’s research into what rape victims need from …
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Government Response Summary
The government agreed on the importance of specialism in policing rape and sexual offences, highlighting police recruitment, training initiatives, and Operation Soteria to develop a national operating model, but did not address the recommendation on long-term funding and commissioning models for specialist victim support services.
Home Office
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9
Acknowledged
Para 73
Undertake comprehensive mapping and monitoring of specialist sexual violence and abuse support services
Recommendation
It is essential that the Government and other commissioning bodies have an understanding of the level of need and the current availability of specialist sexual violence and abuse services, including counselling and therapy and the support offered by Independent Sexual …
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Government Response Summary
The government stated that data on specialist services is not centrally collated and committed to working to better understand data in this area, providing an update in due course, and also mentioned a new blended learning program for police officers.
Home Office
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10
Deferred
Consider establishing or expanding a dedicated commissioner for sexual violence and abuse with adequate powers
Recommendation
We agree with HMICFRS and HMCPSI that the Government should consider the merits of either establishing a dedicated commissioner for sexual violence and abuse or expanding the existing responsibilities and powers of one of our existing commissioners. The relevant commissioner …
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Government Response Summary
The government outlined its commitment to improving mobile phone data analysis for rape investigations, including a £5 million rollout of technology and work on selective extraction, and completed a consultation on legal support for victims regarding personal information requests. It did not address the recommendation about establishing a dedicated commissioner.
Home Office
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11
Accepted
Para 92
Inconsistent funding for Operation Soteria hinders effective implementation of police rape response improvements
Recommendation
It is clear that the way the police respond to reports of rape is vital when it comes to increasing the volumes of rape charges and prosecutions. We welcome the focus on improving these volumes, for example through the Police-CPS …
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Government Response Summary
The government committed an additional £5 million this financial year to continue Operation Soteria in five pathfinder forces and expand it to a further 14 police force and CPS areas, with the aim of developing a new national operating model by June 2023.
Home Office
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12
Accepted
Para 93
Provide update on Operation Soteria expansion, outlining participating forces, funding, and future assurances.
Recommendation
In the next Rape Review Progress Update, the Government must provide an update on Operation Soteria, outlining the 14 police forces and corresponding CPS areas that will be taking part next, as well as the funding available for that expansion, …
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Government Response Summary
The government has accepted the recommendation, committing an additional £5 million this financial year to expand Operation Soteria into 14 more police force and CPS areas, with a new national operating model due in June 2023.
Home Office
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15
Deferred
Para 102
Encourage police forces to establish specialist rape teams and provide necessary support.
Recommendation
The Government must strongly encourage police forces without specialist police rape teams to put such teams in place. Since the policing of violence against women and girls is to be added to the Strategic Policing Requirement, putting specialist police rape …
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Government Response Summary
The government responded by detailing the Victims’ Right to Review scheme, explaining how it provides an opportunity for victims to have their cases reviewed, and outlined its commitment to publishing VRR data and using internal VRR analysis for learning and staff training, but did not address the recommendation for establishing specialist police rape teams.
Home Office
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17
Deferred
Para 108
Collect and publish data on specialist rape teams and RASSO-trained officers in all forces.
Recommendation
The Government must start collecting and publishing data on the number of police forces with specialist police rape teams in place, and the number of police officers with specialist rape and serious sexual offences (RASSO) training in each force (for …
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Government Response Summary
The government stated that the Ministry of Justice has asked the Law Commission to conduct a review of the use of evidence in sexual offence cases, and that it will work with the Law Commission as their findings emerge, but did not address the recommendation to collect and publish data on specialist police rape teams and RASSO-trained officers.
Home Office
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20
Acknowledged
Para 125
Extend Sexual Violence Complainants’ Advocate Scheme pilot to diverse demographic and geographic areas.
Recommendation
The Government should further pilot the Sexual Violence Complainants’ Advocate Scheme, first offered in Northumbria. This pilot should be extended to areas with differing demographic and geographic profiles. This would empower and support complainants to understand better and deal with …
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Government Response Summary
The government stated it will continue working with partners to understand and identify improvements in sexual violence and abuse services, including considering strengthening counselling and therapy provision, but did not commit to further piloting the Sexual Violence Complainants’ Advocate Scheme.
Home Office
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21
Deferred
Para 126
Widen pilot to include legal advice for victims on sexual history applications.
Recommendation
The Government should also consider widening any such pilot so that people would also be able to benefit from legal advice on sexual history applications.
Government Response Summary
The government referred to the CPS Rape Strategy Update and the refresh of the Joint National Action Plan (JNAP), focusing on broader CPS efforts and data, but did not address the recommendation to consider widening a pilot for legal advice on sexual history applications.
Home Office
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22
Deferred
Commit to offering independent legal advice to all rape victims, subject to pilot success.
Recommendation
If engagement with victims’ groups as promised by the Rape Review Progress Update demonstrate support and the need for independent legal advice, the Government must commit to offering legal advice to all victims of rape, subject to the success of …
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Government Response Summary
The government committed to the national rollout of section 28 (pre-recorded cross-examination) for sexual and modern slavery complainants, with implementation ongoing across Crown Courts, and is consulting on criminal legal aid fee scheme changes to reflect this work, but did not commit to offering legal advice to all victims.
Home Office
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25
Accepted
Para 141
Require police and CPS to publish analysed data on Victims' Right to Review Scheme.
Recommendation
Given some victims and survivors’ negative experiences of the Victims’ Right to Review Scheme, we agree with Rape Crisis England and Wales that the Government require the police and the CPS to publish data covering how many cases are submitted …
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Government Response Summary
The CPS already publishes annual data on VRR receipts and outcomes broken down by principal offence category. They are working to enhance VRR data and plan to publish it more frequently in the next financial year, but do not specifically commit to all requested breakdowns like gender, ethnicity, or reasons for review decisions.
Home Office
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27
Accepted
Para 151
Work with CPS to enable urgent publication of pre-trial therapy guidance.
Recommendation
We recommend that the Government work with the Crown Prosecution Service so that it is possible for the organisation to publish its guidance on pre-trial therapy as soon as possible. We understand the Crown Prosecution Service has been waiting on …
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Government Response Summary
The government confirms that the Crown Prosecution Service published its updated pre-trial therapy guidance on 26 May, aligning with the publication of the Attorney General’s Disclosure guidelines, thus fulfilling the recommendation.
Home Office
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28
Rejected
Para 152
Ask Law Commission to publish early recommendations on pre-trial therapy and disclosure of notes.
Recommendation
We welcome the fact that the Law Commission’s project will be covering access to counselling and therapy notes and records. However, we are concerned that, as the Law Commission will not be reporting until summer 2023, victims and survivors could …
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Government Response Summary
The government rejected the recommendation to ask the Law Commission to publish separate recommendations on pre-trial therapy and disclosure earlier, stating that the legally complex area requires extensive consultation and time for the comprehensive review.
Home Office
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29
Accepted
Para 153
Legal advice pilot for complainants must consider support for therapy record applications.
Recommendation
The pilot of the provision of legal advice to complainants—which we recommended at paragraph 125 above—should take account of support in relation to applications for counselling or therapy records.
Government Response Summary
The Ministry of Justice's legal support consultation explored enhancing victims' access to legal advice regarding requests for personal information, and the Home Office launched a consultation on police requests for third-party material, directly addressing the recommendation for support related to counselling records.
Home Office
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30
Accepted
Ensure all victims needing counselling and pre-trial therapy can access it.
Recommendation
The Government must ensure that counselling and therapy, including pre-trial therapy, can be accessed by all victims and survivors who need it. We welcome the Government’s funding for Independent Sexual Violence Advisors (ISVAs) but are mindful of Rape Crisis England …
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Government Response Summary
The government acknowledges inconsistent pre-trial therapy provision and commits to considering interventions. It also outlined an additional £6.6 million for vital support services, a £20 million increase in NHS funding, and policy changes through the Victims Bill and Funding Strategy to improve access to support services.
Home Office
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31
Accepted
Para 155
Ensure comprehensive mapping of sexual violence services assesses counselling and therapy provision.
Recommendation
Any comprehensive mapping and monitoring exercise, covering the provision of specialist sexual violence and abuse services in England and Wales, that the Government undertakes (as we recommend) must take account of the need for and availability of counselling and therapy …
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Government Response Summary
The government committed to continuing to work with partners to map specialist sexual violence and abuse services, explicitly stating this will include joint working with the NHS and DHSC to consider and strengthen counselling and therapy provision.
Home Office
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32
Accepted
Progress on RASSO 2025 and JNAP requires regular, updated publication to build public confidence.
Recommendation
The actions the CPS is taking to drive up the number of rape prosecutions are positive and to be welcomed. However, given the continued low volume of rape prosecutions, and the concerns we heard around the gap between policy and …
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Government Response Summary
The CPS published a Rape Strategy Update in February 2022, and the CPS and NPCC committed to providing regular updates against key strategies. The refreshed Police-CPS Joint National RASSO Action Plan (JNAP) was soft-launched in June and formally published in Summer 2022, as recommended.
Home Office
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33
Accepted
Para 166
Significant obstacles hinder successful national roll-out of Section 28 for vulnerable witnesses.
Recommendation
It is evident that even when people’s cases do make it to court, their experience of the trial can be very difficult. We welcome the national roll-out of section 28 of the Youth Justice and Criminal Evidence Act 1999 to …
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Government Response Summary
The government is rolling out section 28 nationally to all Crown Courts for sexual offence and modern slavery complainants and is engaging with criminal justice stakeholders, including counsel, to address implementation obstacles. The Ministry of Justice is also consulting on changes to the legal aid fee scheme to reflect section 28 work.
Home Office
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34
Not Addressed
Para 168
Consult judiciary and legal sector on widening private evidence use as a special measure.
Recommendation
We recommend that the Government consult with the judiciary and wider legal sector on evidence given in private as a special measure. Any such consultation should examine its use, given HMICFRS and HMCPSI have found that it can be underused, …
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Government Response Summary
The government did not commit to the requested consultation on widening the use of evidence given in private as a special measure for rape complainants, nor did it address considering approaches in other jurisdictions. Instead, it highlighted general improvements to special measures, such as updated CPS guidance for Section 25 and the rollout of Section 28 pre-recorded cross-examination.
Home Office
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36
Acknowledged
Work with judiciary to guarantee fixtures for all rape and serious sexual offence trials.
Recommendation
We urge the Government to work with the judiciary to explore what more could be done to ensure fixtures for all rape and serious sexual offence trials are guaranteed. This would help address the severe delays many complainants and defendants …
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Government Response Summary
The government is committed to working with the judiciary to reduce delays, noting that judges prioritize vulnerable cases and aim to provide fixed trial dates for serious sex cases wherever possible, while highlighting that case allocation remains a judicial responsibility.
Home Office
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Conclusions (13)
1
Conclusion
Accepted
Exceptionally low volumes of rape charges and prosecutions are unacceptable. Adult victims and survivors of rape are being failed by our criminal justice system. Rape is undoubtedly a complex, difficult and traumatic crime to investigate and prosecute successfully. However, that complexity does not fully explain the unacceptably low volumes of …
Government Response Summary
The government acknowledges the unacceptably low volumes of rape prosecutions, announcing the expansion of Operation Soteria into 14 more police force areas. It commits to continued publication of progress updates and data dashboards, and to writing to the Committee every six months.
2
Conclusion
Acknowledged
Para 45
It is right that the Government is focusing on reversing the falling volumes of prosecutions and restoring people’s confidence in reporting, and we welcome the priority that has been placed on this pressing undertaking through the End-to-End Rape Review.
Government Response Summary
The government is exploring ways to link data across criminal justice agencies, building on a proof-of-concept tool from Avon and Somerset Police and CPS South West. Ministers commit to writing with further detail on these efforts.
3
Conclusion
Deferred
Para 49
Whilst returning the volume of rape cases being dealt with to 2016 levels, as the Rape Review aims for, would be a step in the right direction, it should not be considered a success in and of itself, given that even in 2016, criminal justice outcomes for rape were viewed …
Government Response Summary
The government did not directly address the need for greater and faster progress in rape prosecutions, instead committing to improve the collection and publication of data on victims' protected characteristics and compliance with the Victims' Code through a new Victims Bill.
4
Conclusion
Deferred
Para 57
We are encouraged by the commitment to measuring progress through the performance scorecards and progress updates. However, it is unclear how the Government will hold operationally independent partners to account for their role in increasing the volume of rape prosecutions, even though the Government has said that, if outcomes don’t …
Government Response Summary
The government did not address how it will hold operationally independent partners accountable for increasing rape prosecutions, instead detailing its work on strengthening victim support services, including publishing a refreshed National Statement of Expectations and VAWG Commissioning Toolkit.
13
Conclusion
Para 94
In light of the challenges deaf survivors of domestic abuse and sexual violence told us they had experienced when engaging with the police, we would also urge the Home Office to undertake work with police forces across England and Wales to understand what provisions are currently in place to enable …
14
Conclusion
Deferred
Para 101
We are disappointed that, despite the difference that specialist police rape teams make, the Government has not done more to ensure such teams are in place.
Government Response Summary
The government detailed efforts to improve communication with victims, referencing the CPS and police's Joint National Action Plan, refreshed victim letters, and independent research on victim needs, but did not address the committee's disappointment regarding the lack of specialist police rape teams.
16
Conclusion
Deferred
Para 107
It is very concerning that the Home Office does not have the numbers of police officers who are RASSO-trained. The emphasis on the uplift programme in the Rape Investigation and prosecution of rape 79 Review Progress Update is also potentially misleading, when the Government does not know how many of …
Government Response Summary
The government outlined the timeline and publication of the CPS' Pre-trial Therapy Fundamental Principles and updated pre-trial therapy guidance, following the Attorney General’s Office review of its Disclosure Guidelines, but did not address the committee's concerns about data on RASSO-trained police officers.
18
Conclusion
Deferred
Para 117
We welcome the Government’s ambition to ensure no victim of rape will be without a mobile phone for more than 24 hours by 2024, and the extra funding to support certain police forces to analyse digital evidence effectively. However, this commitment should be comprehensively backed by a costed plan to …
Government Response Summary
The government mentioned ongoing consultations by the Ministry of Justice and Home Office regarding legal support for victims and police requests for third-party material, but did not commit to a costed plan for police forces to implement the 24-hour mobile phone return policy.
19
Conclusion
Accepted
Para 124
Although we support the Government’s upcoming consultation with victims’ groups on enhancing support and legal advice for victims on disclosure decisions, we have concerns that the Government is not placing a high priority on the question of legal advice for victims, despite what appear to be clear benefits.
Government Response Summary
The government committed to addressing inconsistent pre-trial therapy, launched a draft Victims Bill requiring integrated support commissioning, published a Victims Funding Strategy for multi-year funding, announced £6.6m in additional funding for support services and training, and launched a consultation on enhancing legal advice for victims on disclosure requests.
23
Conclusion
Accepted
The role of the CPS is instrumental when it comes to increasing the volume of rape prosecutions and bringing more perpetrators to justice if guilty, as well as improving victims’ experiences of the criminal justice system. (Paragraph 136) 80 Investigation and prosecution of rape
Government Response Summary
The government committed to improving victim experience and evidence quality by updating CPS guidance on special measures (Section 25), commencing automatic eligibility for special measures under the Domestic Abuse Act 2021, sharing a 'Best Practice Framework' with Crown Courts, and rolling out pre-recorded cross-examination (Section 28) nationally to all Crown Courts.
24
Conclusion
Deferred
Para 137
We have heard from victims and survivors that the CPS’s level and quality of communication could be more effective and sensitive. We welcome the fact that the CPS has designed new letters to engage better with victims at key moments. However, as part of the CPS’s work designing a new …
Government Response Summary
The government committed to working with the judiciary to reduce waiting times and prioritize vulnerable cases, and is launching pilots of enhanced specialist sexual violence support in specific Crown Courts to improve in-court support and tackle backlogs, but did not commit to the CPS adopting video link communication with complainants.
26
Conclusion
Accepted
Para 150
We were particularly concerned to hear that victims and survivors of rape may feel they need to—or are advised to—put off accessing mental health support as they fear that their counselling or therapy notes and records could be disclosed to the defence or undermine their case in some way. This …
Government Response Summary
The CPS published Pre-trial Therapy Fundamental Principles in February 2022 and updated its pre-trial therapy guidance in May 2022, following a public consultation and review of the Attorney General's Disclosure Guidelines, to address concerns about therapy notes disclosure.
35
Conclusion
Accepted
We welcome the £1 billion in the recent Spending Review to increase capacity across the court estate and support recovery from the impact of the pandemic. However, we remain concerned by the size of the backlog, particularly as rape and serious sexual offences are disproportionately affected. (Paragraph 172) 82 Investigation …
Government Response Summary
The government acknowledges the backlog concerns, stating its commitment to reduce waiting times, ongoing judicial prioritisation, and launching pilots of enhanced sexual violence support in specific Crown Courts to tackle the backlog.