A record number of rape and sexual offence trials face delays and unacceptable waiting times, new research reveals.
Survivors of rape and other sexual offences are increasingly likely to face longer waiting times and last-minute delays before their case is heard in court, according to a research report released today by Rape Crisis England & Wales (RCEW).
The report, Living in Limbo, is the second one of its kind from RCEW and builds on the latest government data showing that there are now 13,238 sexual offence cases awaiting trial in Crown Court backlogs - a 66% increase since their first report, Breaking Point, was finalised in 2022.
Survivors of adult rape are currently made to wait an average of 499 days before the Crown Court will hear their trial in cases where a defendant has not been remanded. This is 192 days longer than parties will wait in all other offence types.
Data obtained by RCEW via Freedom of Information requests reveals that the number of rape trials effectively heard in the Crown Court decreased by 71% between 2015 and 2023 – a total of 4,684 fewer cases. However, in that same period, the proportion of rape trials that were delayed at least once increased by 18%.
FOI data also show that 1 in 3 rape trials were delayed in 2024, compared to 1 in 10 in 2015. The report features the experiences of survivors who have seen their case postponed up to six times in the Crown Court.
Maxime Rowson, Head of Policy and Public Affairs at Rape Crisis England & Wales, and author of the report, said:
“Waiting over 2 years for a trial puts a huge strain on survivors and their families, many of whom are told that their trial has been delayed at the last minute. The process is re-traumatising, disrupts lives, and is so difficult that many survivors are forced to withdraw from the justice system entirely. The delays survivors are forced to endure at court often follow already lengthy waits for police investigations and CPS charging decisions, making the criminal justice system a profoundly damaging experience for survivors who are trying to cope and recover from the abuse they have endured.
We know that most of the survivors who report sexual offences to the police will never see their perpetrator convicted. But many survivors tell us that procedural justice – being treated fairly, with respect and belief – within the criminal justice system, is as important, if not more so, than securing a conviction. Urgent change is now needed to afford survivors the procedural justice they deserve.”
Rape Crisis England & Wales make 16 recommendations for change, including calling for an urgent end to listing rape and sexual offence trials as ‘floating trials’1 wherein they are simply not accorded priority and are often cancelled and rearranged at the last minute.
Experts have been calling on successive governments to ban the practice since 2002, because they increase the likelihood of last-minute trial postponements. But FOI data obtained by RCEW reveals a 257% increase in the number of sexual offence trials listed as ‘floating trials’ between 2014 to 2023. It also confirms fears that the situation has worsened for cases listed in this way - just 34% of floating trials went ahead on the day scheduled last year, compared to 58% in the period 2014 - 2020.
Ciara Bergman, CEO of Rape Crisis England & Wales said:
“Living in Limbo leaves no doubt that the government must take urgent action to end the devastation of court backlogs and inappropriate listing practices for survivors of rape and sexual abuse going through criminal trials. Ultimately these problems have been caused by prolonged under-investment in our court system, archaic processes, a lack of scrutiny and accountability, and a failure to consider the impact of any of this on survivors.
The Crown Court is failing women and children and undermining their attempts to secure criminal justice against their abusers more regularly than ever. In doing so, it’s also failing wider society. A great many survivors go through this gruelling process because they want to stop rape and sexual abuse from happening to anyone else. But the current failings mean that justice remains out of reach for those who need it most.
The upcoming Violence Against Women and Girls strategy is an opportunity for our government to put things right for rape and sexual abuse survivors and afford them the dignity, priority and care they deserve when it comes to how their cases are managed, listed and progressed through the criminal courts. Allowing perpetrators the current level of impunity and failing to make the substantial, long-term changes that are needed is simply not an option anymore. We look forward to hearing from the government and other agencies with their response to our recommendations”.
ENDS
Notes to Editor
- For interviews, queries and further information contact: Maria Fsadni, Policy and Press Officer, Rape Crisis England & Wales media@rapecrisis.org.uk
- ‘Living in Limbo: Our second report on the retraumatisation of rape and sexual abuse victims and survivors in the Crown Court backlog’ full report and Executive Summary will be published on RCEW’s website at 23:00 Monday 17th November – https://rapecrisis.org.uk/
1 Floating trials are trials that are given a date but have not been allocated to a specific courtroom or judge and may occur in any courtroom in the same court centre on a specific day or within a period of time, where a courtroom or judge becomes available (i.e. another trial which has been scheduled does not go ahead, freeing up a courtroom or judge).