CPS boss defends service as rape convictions plummet despite record numbers of reports

‘The failure to prosecute rape sends a clear message not only about disregarding justice for survivors, but also signals to rapists that they are safe to continue offending,’ says campaigner

Max Hill, director of public prosecutions, denied that there had been 'a change in approach' from prosecutors at the CPS (CPS/PA)

The head of the Crown Prosecution Service (CPS) has defended its record as “appalling” new figures reveal rape convictions have plummeted despite record numbers of cases being reported to police.

The number of people investigated and consequently convicted in England and Wales has fallen to 3.3 per cent – its lowest level since records started more than a decade ago.

The annual Violence Against Women and Girls report from the CPS shows there were 1,925 convictions in 2018-19 – a 27 per cent drop compared with 2,635 the year before.

This is despite the number of rape claims dealt with annually by police in England and Wales rising from 35,847 to 57,882 during the last four years.

Even with the concerning figures, the director of public prosecutions, Max Hill QC, insisted there had “not been a change in approach” from prosecutors at the CPS.

“We prosecute on the basis of the code for prosecutors that specifically says that we operate on the basis that juries are objective and impartial and reasonable. That is what a prosecutor bears in mind,” he told BBC Radio 4’s Today programme.

“I absolutely share the concern at the growing gap between rape reporting levels and the number of cases that are coming to court.”

“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.”

Harriet Wistrich, founder of the Centre for Women’s Justice, labelled the statistics “appalling” on Twitter and argued the “fault lies first and foremost with the CPS”.

She told the Today programme that the CPS’s explanation for the drop in numbers could not explain “the magnitude of statistical change” that had happened over the last two years.

The award-winning human rights lawyer added: “It is increasing. This year the statistics are even worse than they were last year.”

The End Violence Against Women Coalition raised alarm bells about the slump in rape convictions and argued rape is being “effectively decriminalised”. They have instructed their lawyers at Centre for Women’s justice to issue legal proceedings against Mr Hill.

Andrea Simon, the coalition’s head of public affairs, said: “We need to remember that behind these figures lie real lives, these numbers represent real women subjected to rape, a crime which does enormous harm, who are then further victimised by a system that does not take them seriously.

“These shocking and unjustifiable failings speak to a clear and concerted shift in how the CPS have decided to prosecute rape.

“The failure to prosecute rape sends a clear message not only about disregarding justice for survivors, but also signals to rapists that they are safe to continue offending, knowing the likelihood they will be held to account is miniscule. Is this the type of society we want to live in? Is this deemed acceptable by our leaders?”

Campaigners say the CPS has changed its approach in rape cases – arguing the service has started scrapping so-called “weak” cases to improve notoriously low rape conviction rates.

The CPS said the “growing gap” between the number of rapes recorded by the police, and the number of cases going to court is a “cause of concern for all of us in the criminal justice system”. But the report said it was not indicative of any change in policy, or lack of CPS commitment to prosecute.

It justifies the fall by saying cases are taking longer due to digital evidence and also drawing attention to the fact it is getting fewer rape referrals from police – a 23 per cent fall from the previous year.

Figures show the charge rate for rape – essentially the decision to press ahead with a prosecution – has dropped from 64 per cent in 2014-15 to 48 per cent this year.

It represents the first time in five years that the percentage of legal decisions made by the CPS in rape cases has dropped below 60 per cent, according to the data, meaning the percentage of decisions not to prosecute also increased to its highest rate in that time.

Despite an increase in the volume of alleged rapes reported to police, the CPS has seen a reduction in the number it decides to charge every year since 2015-16. This is a decrease from 3,910 in 2015-16, to 3,671 the following year, then 2,822 last year, and 1,758 most recently.

Mr Hill announced the independent CPS watchdog, Her Majesty’s Crown Prosecution Service Inspectorate, will hold a review of rape charging decisions “to increase accountability and reassure victims of sexual offences”.

He said: “Rape is an awful, sickening offence and I completely understand why the fall in charging rates is so concerning.

“Partners across the criminal justice system are coming together to look at how these cases are handled and the CPS is playing its part by opening up our charging decisions to further scrutiny.

“I have every confidence in the work of our dedicated prosecutors but it is important that the public has confidence too. I intend to implement any changes which are recommended if they improve our processes and enable the criminal justice system to deliver swifter, more effective justice.”

But the CPS has been facing increasingly fierce criticism for the alarming drop in prosecutions for rape in recent months – with campaigners saying prosecutors are failing rape victims “at every stage”.

Elsewhere in the report, figures show the number of suspects charged by the CPS with offences grouped under the violence against women and girls strand – such as domestic abuse, stalking, rape, female genital mutilation and child abuse – dropped 13 per cent from 187,545 to 162,717.