Women’s groups defeated in row with CPS on rapes
WOMAN’S organisations have vowed to keep fighting for justice for rape victims despite being denied permission to bring a judicial review against the Crown Prosecution Service.
The End Violence Against Women Coalition could now be liable for tens of thousands of pounds in legal fees, after the CPS put in a claim for the charity to pay its costs.
A spokesperson for EVAW said: “It’s very disappointing.” The CPS claims the charity should pay its £35,000 legal costs, saying the legal challenge represented a “significant attack on the integrity of the CPS.”
Refresher
EVAW claims the CPS has secretly changed how it prosecutes rape cases, resulting in a fall in conviction rates.
Over the past five years, reports of the offence have increased by 65 per cent, but the conviction rate has halved. Now 1.5 per cent of reported rapes end in conviction – the lowest since records began.
The charity accused the CPS of weeding out weaker cases in a bid to boost conviction rates – meaning
WE have no regrets about bringing this case. It was the right thing to do, and it was entirely necessary to challenge our justice system institutions when they are failing to keep women safe and deliver access to justice.
We have been approached by so many women who have been let down by the CPS. We know there are serious problems.
But instead of working with us, the CPS chose to fight us. It is a long way from the kind of leadership we need in our public institutions.
We note in this judgment the acceptance of the high level of power the Director of Public Prosecutions has to make decisions in key legal areas. The
Elizabeth Archer
many more nuanced cases may never reach court. The CPS denies this, saying they have simply given prosecutors a refresher on how to apply the law correctly.
In 2008, guidance was issued to CPS prosecutors to help them decide which rape cases to prosecute.
It encouraged prosecutors to use a “merits-based approach”, basing decisions on whether to prosecute on evidence alone, rather than the probability of securing a conviction.
The move was praised by women’s organisations, who say it helps remove bias. Now, EVAW claims the CPS has abandoned the merits-based approach to boost convictions.
Centre for Women’s Justice Director Harriet Wistrich said: “We are hugely disappointed by this.”
Summing up, Dame Victoria Sharp told the Royal Court of Justice yesterday that the case was not suitable for a judicial review and she also denied permission for the charity to appeal the decision.
However, Ms Wistrich said: “We will not stop.”