***Trigger warning***
Between 2020 and 2021, the number of allegations of rape recorded nationally was 55,653.
While this figure is shocking high, of those allegations, only 3% (around 1700 cases) resulted in a charging decision and only 2% of the 1700 cases results in a successful conviction.
This means over 50,000 potential victims (from 2020-2021) face a lifetime of trauma without their suspected perpetrator ever having to enter a court room.
On the other hand, the number of suspected 'false allegations' also floats around the 3% mark in terms of total complaints for this one offence.
So, is it time we adopt a radical approach regarding criminal justice and seek close the gap between the number of allegations made and successful prosecutions?
List of changes which would positively impact the number of successful prosecutions:
(In fact the same model could be adopted in terms of all allegations of domestic abuse)
1. Remove the possibility of bail being granted until the resolution of a case (Striking a balance between detaining alleged suspects while ensuing maximum safety for victims).
2. Amend the sentencing guidelines for the offence of rape in order to permit only one sentence permitted by law, namely a whole life order (the concept of 'severity' should have no impact on sentence as the offence is serious by mere nature).
3. Introduce a mandatory requirement that the alleged suspects digital devices, obtained in the course of any investigation, will be wiped (regardless of outcome).
4. Introduce mandatory 5 year minimum injunction against the suspect of any alleged offending in order to provide a mechanism for victims if an investigation warrants an NFA outcome, thus providing gateway for convictions of 'breach' of the injunction if the suspect attempts or makes contact with the victim.
5. Introduce a mandatory requirement that if an allegation is made and an NFA outcome is reached, the police will have a duty to ensure that any future/past partners are made aware of the details of the allegation in cases where the suspect has children.
6. If an investigations warrants a NFA outcome, suspects for a period of 3 years would have to register any digital devices they use and be prevented for deleting any social media messages/internet history - the devices would be checked once per 6 months using AI algorithms in order to check for certain 'key phrases' and if the suspect has discussed the allegations with anyone else, thus providing a permissible pathway to potential reopening a NFA case if the suspects narrative on the allegation changes over time.
7. Introduce a 'off last resort' mechanism for victims by setting up a fund so that victims could pursue private prosecutions against the alleged suspect, regardless of if the CPS reach a NFA outcome.
8. Introduce the mandatory requirement for all allegations of rape to undergo the 'balance of probability' civil proceedings test. Upon a NFA outcome being reached, the allegations of the victim will be tried in civil court in order to ensure that any findings which could be made in terms of the alleged offending are made. While this is not a criminal conviction, findings made in the civil context could go towards ensuing some level of closure.
9. Introduce the mandatory requirement for a suspects GP, hospital, mental health and other records to be disclosed during the course of an investigation. This would help support those in reaching charging decisions in terms of identifying the level of culpability based off past disclosures made to professionals - i.e I've had urges to do x for a while.
10. Amend guidance within civil proceedings for the rape findings and set a requirement for judges, among a finding being made, to ensure that any finding is also combined with a custodial penalty and fine (which should be increased from the maximum of 6 months for civil proceedings to 24 months and an unlimited fine). While civil proceedings are different to criminal, a finding must result in enhanced safeguarding measures which protect the victim.