Update on Help stop women being denied justice after rape
To our valued supporters,
We are writing to share the outcome of our judicial review, which was given this morning by the Court of Appeal. We are deeply disappointed to have to inform you that the judges have failed to hold the CPS accountable on the collapse in rape prosecutions in their judgement.
The three senior Justices – including the Lord Chief Justice – declined to examine the evidence presented by EVAW and the CWJ and instead accepted the case made by the Director of Public Prosecutions (DPP) that there had been no change 'in substance’ to the policy that the CPS apply when they consider whether or not to prosecute a serious sexual offence. The judgement brings us no closer to institutions having to answer for a catastrophic collapse in rape justice.
We are all completely floored, and heartbroken by this judgement. We felt that what we put to the court clearly showed how the measures the CPS took to change its policy relating to prosecuting rape was unlawful; it is enormously disappointing that the judges who presided over this hearing did not agree, and barely engaged with the evidence we put forward. As EVAW has said today:
“Thousands of rape victims continue to be let down by a broken criminal justice system. The Court of Appeal has given the CPS the benefit of the doubt, on whether there was any change of approach to prosecution decision making, but we still lack alternative answers to why rape prosecutions have collapsed. This marks another establishment betrayal of victims of violence against women and girls.
Rape urgently needs to be at the heart of the political agenda, there are systemic failings – with some victims highly invisible to the justice system because of their race, disability, or background. We expect a review into rape by the Government to report soon, and it must deliver deep and meaningful change to restore any confidence in the system.”
We know that this must be difficult news to receive, but know that EVAW has absolutely no regrets in pursuing this case. The public support, we have received for the JR – and your support in particular – show us not only that we are on the right side of history, but how strongly we all feel about holding those responsible for the systemic collapse of rape prosecutions in this country to account. Thank you for being a part of it – we could not have done this without you.
What now?
We are going to ask the court for permission to appeal the decision, however we do not expect this to be granted.
We are determined to continue to be a powerful advocate for women and girls affected by violence. Our supporters (you!) are a really crucial part of the continued work advocating for radical overhaul of the system when it comes to justice for rape survivors. Anticipating the Government’s forthcoming Rape Review findings and action plan, we published our Shadow Report which makes detailed recommendations for reform of the criminal justice system response to rape, and especially that the Government create a clear Ministerial lead with responsibility in this area who can drive accountability and long-term culture shifts across the police, CPS and courts.
You can read more about our research into the effective decriminalisation of rape and our key recommendations here.
A big, big thank you
Throughout our legal challenge, we have been both humbled and so overwhelmed by the huge outpouring of support for this case, including the £115,349 raised on this CrowdJustice page. Thank you again to everyone who donated or shared your story with us -we wouldn’t have been able to do it without you. The hundreds and hundreds of messages we received have given us much courage, determination and resilience, in spite of setbacks like these.
As these funds will now be going towards the CPS’s legal costs, we hope that the CPS makes public how they intend to use this money to support victims and survivors of rape.
Whilst this may be the end of our legal battle, EVAW will continue to stand up for every woman and girl who has sought, is seeking or will seek justice in the future.
Together we can build a better world for women and girls.
Thank you again,
EVAW
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