Why do so few rapes result in a conviction?

The MeToo movement sparked a rise in reports to police, but convictions remain three times lower than for other crimes. These already highly nuanced decisions are further influenced by stereotypes still prevalent even in our more enlightened contemporary society: that a drunk woman cannot complain if she is raped; that previous consensual sexual activity between the parties reduces or removes a woman’s right to refuse consent on another occasion, or indeed to legitimately withdraw consent to further sexual activity on the same occasion; that rape will result in vaginal injury; and, yes, even in this day and age, that a woman wearing a short skirt or revealing too much cleavage must expect what she gets. The CPS has denied any such change of approach, and a study conducted by Her Majesty’s Crown Prosecution Service Inspectorate in 2019 found no evidence that prosecutors were becoming risk averse. As Alison Levitt, former legal advisor to the Director of Public Prosecutions, has observed: “A system that only prosecutes safe cases is sending attackers the message that vulnerable people are open to abuse as the CPS will not prosecute.” Charging decisions made by the CPS came under increased scrutiny following the failure of several high-profile trials of young men for rape after previously undisclosed digital material was discovered and provided to the defence at trial. CPS Rape and Serious Sexual Offence teams throughout the country continue to be made up of experienced, dedicated lawyers who are as capable as ever of making well-judged and, where necessary, brave charging decisions in difficult cases.