The debate triggered by high profile cases must “pull back the curtain” on the treatment of people making allegations of sexual offences in the criminal justice system in England and Wales, the government’s independent adviser on rape has told the Guardian.
Prof Katrin Hohl, who has advised the government in an overhaul of how rape is treated by police forces and the Crown Prosecution Service (CPS), said the government should use the public awareness triggered by Russell Brand’s conviction for rape to examine the use of rape myths and jury direction in trials.
“So many things are going wrong in our justice system when it comes to the treatment of victims of rape and sexual assault, but most of the time no one ever finds out what has happened during the investigation process or during a trial,” she said.
Hohl said that despite “significant progress” made by police forces and the CPS – who have been directed to make investigations more focused on suspects rather than victim behaviour under a system known as Operation Soteria – the court system was being left behind.
A report published by Hohl last month suggested sexual assault cases prepared under the new system were experiencing “a cliff edge” when they came to trial, and were potentially coming up against practices such as the use of rape myths by defence barristers.
“We essentially know very little about how rape and sexual assault cases play out in England and Wales and it is time to pull back the curtain,” said Hohl. “We need proper research into the actions of barristers, judges and juries during trials so that victims can actually get the justice the law says they should achieve.”
Hohl’s remarks come after the victims commissioner, Claire Waxman, called for a new legal duty on judges to direct juries, if rape myths have been ventured during a trial, stating: “Justice must be grounded in evidence, not misconceptions.”
During the Brand trial, which saw the comedian sentenced to more than ۱۰ years in prison after he was found guilty of raping one woman and sexually assaulting three others, his barrister, Ian Winter, said Brand’s accusers had not “resisted or screamed or even tried to leave”.
Government ministers are also understood to be considering calls for a “staggered” consent law, which would make it illegal for adults over a certain age to have sex with ۱۶- and ۱۷-year-olds, after a woman who alleges she was raped by Brand when she was ۱۶ launched a campaign for the law to be changed.
Mia Latter, who says she was in an abusive three-month relationship with Brand when he was ۳۰ and she was ۱۶, told the Sunday Times: “I think we all sort of agree that … adults shouldn’t be allowed to have sexual relationships with children, with somebody under the age of ۱۸. That really doesn’t seem like a gigantic leap to take.”
On Sunday, Pat McFadden said ministers would discuss the issue. Speaking to the BBC’s Sunday with Laura Kuenssberg, the work and pensions secretary said questions over a staggered age of consent have “been raised and will be discussed”, adding: “[I] can’t tell you what the conclusion of that would be, but the last week has certainly put that up in lights.”
Since the trial, several support services for victims of sexual assault and rape said they had been experiencing a significant increase in the number of calls and messages to helplines.
Rape Crisis centres are experiencing “very significant demand” and phonelines have been inundated with calls since Brand was convicted of rape, said Ciara Bergman, chief executive of Rape Crisis England & Wales.
Many women are also now questioning their own experiences with older men, she said, after separate allegations were made public that David Walliams preyed on young women for sex.
Earlier this week, it was announced that a series of “serious” sexual offence allegations against Walliams were being looked at by the Metropolitan police after an investigation by the Guardian and ITV News. One woman described her alleged encounter with Walliams when she was ۱۵ as “sexual assault”. Walliams denies any wrongdoing.
Bergman said calls to the ۲۴/۷ rape and sexual abuse support line had quadrupled since the start of the month, while rape crisis centres were reporting a massive rise in demand for help.
“That demand comes from a range of places,” she said. “There are people who see the news and are reminded of their own experiences and people who are retraumatised by seeing this issue in the news. But there are people who may have experienced predation and exploitation at vulnerable times in their lives, and they’re now beginning to question their own experiences.”
She echoed calls for greater transparency in trials, and argued the coverage of high profile cases had highlighted the gap in the public knowledge around the experience of going to trial and issues around consent.
“Our centres are adept at responding to victims but they are under very significant pressure,” she said. “When you look at these stories and the response to them there is no question about the need for more comprehensive support and more rape crisis centres so victims and survivors can get the justice they deserve.”
A Ministry of Justice spokesperson said: “We are always looking at ways we can improve how the justice system treats victims of sexual violence.
“That’s why we are changing the law to stop irrelevant evidence that relies on myths being weaponised against victims, rolling out specialist courtrooms for rape and serious sexual offences and improving support for victims, backed by our record £۵۵۰m investment in support services.”
