Only one in 10 rape claims in Cumbria go to court

Figures from the files of the county's police force reveal an average of about 12 per cent of allegations made in the last four years led to a charge.

Crown prosecutors stress that once cases get to court, more than three quarters end in conviction - a much higher level than nationally.

The conviction rate has also gone up.

But the county's crime commissioner, Peter McCall, described the findings on charging "disappointing".

"It is a concern that the number of cases that actually get to court are far fewer than those reported," said Mr McCall.

"Our focus has to be on investigating and getting the very best case together and to get it to court.

"We owe it to the victims."

Figures revealed by CN Group using Freedom of Information legislation reveal the stark difference in the number of rape allegations and charges.

– In 2014, 107 alleged rapes were investigated. The same year saw 20 charges.

– In 2015, there were 153 . That year there were 22 charges.

– In 2016, there were 117 . Ten charges were made.

– This year has seen 154 investigated. There have been 1 3 charges.

Police point out that many cases take some time to investigate.

So this year's figures will be skewed by many allegations still being the subject of investigations.

But a clear pattern emerges over the four year period of a large gap between cases and the number of charges, leading to a court date.

The county force has pointed out the hard work, huge efforts and lengths officers go to in order to build the best possible case.

Victims are placed at the heart of all services, officers say, with the county now having its own centre for those who have been assaulted.

The Crown Prosecution Service (CPS) said rape cases were among some of the most challenging it deals with - and its staff will always bring a case to court if the evidence is there.

Mr McCall said: "Rape has got to be one of the most horrible crimes.
Peter McCall, police and crime commissioner for Cumbria

"Going through the legal process after that must be horrendous for the victim in each case.

"Part of my job is to make sure we do as much as we can for the victims.

"I would always want to see more charges and far more cases coming to court."

He said he recognised it was "a very, very difficult area".

"Often we find victims find they don't want to go through with it," he added.

"Cases do take a long time to investigate.

"Every single case is always going to be quite different as well. It is a complex area.

"I think the key message I would want to put out is that the police can, will and do treat every single allegation of rape very seriously.

"I would hate for people to think there is no point in reporting this."

Some cases reported to police will not be referred to the CPS for a charging decision, with officers having the discretion to write off those with no evidence.

Police refer to the CPS those cases that a police supervisor determines meets an evidential test according to guidance.

A prosecution will start when it is deemed there is sufficient evidence for a realistic prospect of conviction and it is in the public interest.

But Mr McCall questioned the evidence threshold.

"Sometimes my personal view is it might be too high," he said.

"There are some cases where I think: Let it run to the jury and let's see."

Police say about 40 to 50 per cent of cases are classed as historic - being more than a year old.

There has been a rise in historic cases in recent years, with experts attributing it to changing attitudes in the wake of celebrity prosecutions, sometimes dating back decades.

Mr McCall said: "In some cases we are investigating allegations that are 30, 40 years old.

"There are all sorts of reasons why people don't report straight away.

"We've put a lot of effort in in recent years to encourage people to come forward.

"We are trying to make things as easy as we can.

"Social attitudes have changed. There is absolutely no stigma attached to people who come forward.

"Some people just need time before they can relive the events."

The CPS pointed out that once cases do get to court, there can be a variety of reasons why a case might not end in conviction.

Aside from acquittal, there can be witness problems such as a victim no longer supporting a prosecution.

There are also cases where further evidence comes to light, meaning there is no longer sufficient evidence for a realistic prospect of conviction.

Joanne Cunliffe, head of the rape and serious sexual offences unit at CPS North West, spoke about the issue.

She said: "All parts of the criminal justice system are working closely in Cumbria to provide the best service we can to victims in rape cases and to bring more offenders to justice.

"We have seen a significant improvement in the conviction rate this year, with over 76 per cent of rape prosecutions in Cumbria resulting in a conviction, considerably higher than the average across the country."

The conviction rate in England and Wales for rape cases in 2016/17 was 57.6 per cent.

"Rape cases are some of the most challenging cases that we deal with," she added.

"But we remain absolutely committed to working with the police, the courts and our partners to continuously improve the prosecution of rape and sexual offences cases and the service provided to victims."

She added most rape offences were committed by offenders who knew their victims.

"These cases are often about the power of one person in a relationship over another," she said.

“All rape and serious sexual offences cases are handled by specialist prosecutors who have been trained to navigate the complex evidential issues often involved in these cases.

"We review them and make decisions about charges according to the Code for Crown Prosecutors, as we must with all cases.

"Where we have sufficient evidence to bring a case to court we will do so.”

Victims are always placed first - police

Police say officers always make sure the victim is put first - as they build the strongest case possible.

Detective Superintendent Vicki Ellis is one of the county force's most senior investigators and oversees inquiries into offences such as rape.

"We look to get as much evidence as we can and keep pushing for these cases," she said.

"We push every inch we can to get charges."

Det Supt Ellis said the police response would depend on whether it needed an emergency deployment - such as when an attacker was on the loose - or a report of a historical case.

Officers who deal with sex crimes have "an enhanced level of knowledge" - are supportive and "investigatively aware".

"We have to make sure we are securing the right evidence at the right time," she added.

"We aim to understand the victims, understand their perspective and understand that people are different.

"Some are distraught. Some are unable to speak.

"We tailor our response to their needs."

Police determine what level of evidence they need to gather. A forensic examination may be performed.

"A forensic investigation needs to treat the victim with the utmost respect and be tailored to whatever they require," added Det Supt Ellis.

"We make sure they are medically examined, make sure they are under the right medical care.

"There is signposting to other services."

Interviews will aim to get as much detail as possible. Various strands are pursued, such as telephone evidence.

"A lot of the time the perpetrator is known to the victim," she said.

"They may have been in some sort of relationship.

"It could be a husband, ex-partner, acquaintance, friend of a friend, somebody met on a dating site.

"In some cases the perpetrators have apologised.

"We may have a named suspect.

"Having secured that evidence, we look to make a decision whether it meets a threshold for arrest or voluntary attendance."

She said there were times when forensic evidence was key - and people must be arrested so officers can secure this.

"Ultimately we have to be sensitive to the needs of that individual as well," said the officer.

"We don't for one minute underestimate how significant an arrest for rape is for someone.

"It's about keeping an open mind until you've got all that evidence.

"We are fact finding to build up the evidence.

"We look to do it sensitively.

"Again there is no hard and fast route that we follow.

"There is a lot of thought goes into it."

Delays can be a factor in cases, including waits for forensic results and the process of trawling through CCTV.

"Some will take six to 12 months to investigate. Some take a lot longer," she said.

"I don't say there are problems with cases - just evidential intricacies to overcome in each and every case.

"No case is straightforward."

Det Supt Ellis said people must never underestimate the huge impact on victims.

"Some are happy to have told but don't want to take it any further.

"That is fine. Everyone has a time and a place to disclose. We see that in historic cases."

Some of the obvious problems with rape cases can make them harder to crack.

"It's often two people in a room or a space," said Det Supt Ellis.

"There often isn't that kind of corroborative evidence.

"Crime is hard to detect if you haven't got the evidence.

"In some cases that evidence isn't as strong as we would hope for.

"It's one person's word against the other. There is no dispute that sexual intercourse has taken place.

"But it's one person saying it's consensual, the other saying it isn't.

"Where there is dispute around consent, that doesn't mean we can't progress that."

Historic cases are a major factor now in this side of policing.

"We treat them exactly the same as somebody who says they have been raped yesterday," said Det Supt Ellis.

She added: "People who live with rape must live a very traumatic life until they've got help and support.

"There is real support out there and these people don't have to travel this journey alone.

"Crimes like this have a life-changing impact on the victim."

She said police work closely with the CPS.

"Not charging doesn't mean that offence hasn't taken place," added the officer.

"Potentially there are some evidence hurdles we have to overcome.

"We look to gain as much evidence as we can but there will be cases where there is just no evidence."

How the CPS works out whether to charge:

The CPS reviews all cases referred to it by police according to what is known as the Code for Crown Prosecutors and the Director of Public Prosecution's guidance on charging.

Prosecutors will seek to identify and strengthen any weaknesses in evidence which may be rectified by further investigation.

But they must only start a prosecution when the case has passed both stages of the Code for Crown Prosecutors.

This is defined by the question: Is there sufficient evidence for a realistic prospect of conviction and is a prosecution in the public interest?

The centre where victims are given the support they need

Donna Cardell Experts are helping crack crime, offering support and rebuilding lives at a centre for victims of rape and sexual assault in Cumbria.

The Bridgeway, the county's specialist service for people who have been through such trauma, has helped hundreds since it opened late in 2015.

Services at its Penrith site include independent sexual violence advisors and support.

It has also replaced the previous system where all victims of rape or sexual assault who consented to forensic examination had to travel to Preston.

Donna Cardell, manager and sexual offence examiner, explained what happens.

"We will take referrals from anyone, even historic, so we can refer them to the right place," she said.

"It can be through the police if the case has been reported to the police. The police will bring them or meet them here.

"They can come with support from another family member or friend.

"When they get here they are met by a crisis worker.

"They will take them through to the forensic area. They will explain with them what will happen when they are there."

She said it was crucial people understood it was their examination.

"Any time they can take a break," she added. "We know they have been traumatised.

"We get the incident account from the police officer who comes with them so the person who comes does not have to go through it again."

People can also book an appointment independent of the police.
The Bridgeway

"Sometimes they don't tend to get their head around what has gone on," said Donna.

"Sometimes it could be a family member and they don't want the fallout at that moment.

"It gives them that time and space to get their head round it.

"If they don't decide to report to the police we do the samples as we do in any examination.

"We've got an agreement with the scenes of crime police.

"We can send over an anonymous sample registered only by number generated.

"If something is on that swab we can ring the person and let them know."

The sample can be held until the person makes a decision about approaching the police.

Donna said: "We are not just a forensic service. It's an over-arching umbrella for the forensic advisors and counsellors.

"What we do is we take all the details and then we would make a referral to counselling, depending on what the person wanted and what was appropriate."

She said it was a "crucial" service for Cumbria.

The manner in which people act who are attending varies greatly.

"You can't really say how somebody is going to be," said Donna. "Everybody is different."