Over 180 individuals who have reported rape in England and Wales have endured delays exceeding two years since their cases entered the court system. A senior judge has acknowledged this situation as a “serious stain” on the justice system and announced plans to expedite these cases, aiming to resolve them by the end of July 2024.

Lord Justice Edis, the senior presiding judge for England and Wales, expressed his concern over the significant delays, pointing out that most of these cases were originally sent to the crown court by magistrates in the summer of 2021, meaning they are nearing their third anniversary. He termed this situation a “significant injustice.”

Lord Justice Edis attributed the delays to a sequence of “disruptions,” referencing the initial impact of the COVID-19 pandemic in 2021 and then the subsequent strike by criminal barristers in the following year. He also acknowledged the ongoing shortage of barristers as a contributing factor.

Lord Justice Edis acknowledged that the 181 cases, representing roughly 6% of all active rape cases and involving both adults and children as alleged victims, represent a significant issue for the entire justice system.

He emphasized the severity of the problem, stating: “This situation is unacceptable for everyone involved – the complainants, witnesses, defendants, and the pursuit of justice itself. It is an initiative to remove this, what I believe to be, a serious blemish on our system.”

Following the resolution of these 181 cases, the focus will shift to addressing cases approaching the two-year mark to ensure such delays don’t become the norm again. The ultimate goal is to significantly reduce the average timeframe for concluding rape cases in the crown court, which currently stands at 358 days when the defendant is on bail.

However, Lord Justice Edis expressed concerns regarding a recent survey by the Criminal Bar Association (CBA) published last month. The survey revealed that 64% of prosecutors are unwilling to reapply for inclusion on the rape and serious sexual offences (RASSO) list, citing inadequate compensation as the primary reason. This information presents an additional challenge to addressing the backlog effectively. Lord Justice Edis acknowledged a critical shortage of qualified barristers, particularly those specializing in rape cases. He emphasized the crucial role these professionals play, stating, “Our justice system relies heavily on a substantial number of skilled and experienced advocates across all areas of criminal law, but this need is especially prominent in rape and other serious sexual offenses.”

He further explained that a shortage of qualified barristers significantly hinders the system’s capacity to address these cases, posing a significant obstacle. He expressed hope for long-term investments and strategic efforts to ensure a sustainable pool of skilled individuals within the system.

Ciara Bergman, CEO of Rape Crisis England and Wales, expressed appreciation for efforts to minimize the trauma associated with the legal process for victims. She acknowledged the prioritization of backlog cases, stating, “We commend the initiative to expedite these long-standing cases, a step we advocated for in our ‘Breaking Point’ report. We are hopeful that this marks a turning point not only in the immediate sense but also paves the way for long-term improvements in resource allocation for both rape and sexual abuse cases.”

We cannot expect all 181 cases to be solved by the end of July but the complainants will have the right to ask the courts then.