Calls for more action after prosecution of rape is branded "disastrous"

The End Violence Against Women (EVAW) coalition, represented by the Centre for Women's Justice (CWJ), has presented Robert Buckland with a dossier of evidence, including a statement from a CPS whistleblower critical of his employer, in an effort to encourage a shake-up of the current system.

The coalition argues that so-called "weaker" rape cases have been weeded out in favour of complaints with a greater chance of conviction.

It follows a report last year which found rape prosecutions in England and Wales had fallen to their lowest level since 2008, despite record numbers of allegations coming to the attention of police, with around 3.3 per cent of all reported rapes ending in a conviction.

The Yorkshire Evening Post has also reported several times on the situation and as a result, the Leeds West MP Rachel Reeves raised the issue in Parliament where she also asked for more support to encourage victims to come forward. She was also critical of a review into the complaints' process for rape victims, claiming that the investigation failed to speak to any victims.

"We need much higher level political leadership to effect change and get a chance of justice for all complainants of rape, not just ones hand-selected by police and prosecutors because of their anticipation of courtroom prejudices."

The dossier features evidence from the coalition's failed High Court attempt to launch a judicial review into the CPS amid allegations the drop in successful prosecutions had essentially "decriminalised" rape.

One senior member of CPS staff, who asked not to be identified through fear of reprisals, said the CPS secretly chose to change its policy on charging rape cases.

He said: "Over the last three years there has been a dramatic change in the messaging delivered to prosecutors via both face-to-face training and legal guidance in the area of RASSO (rape and serious sexual offence) prosecutions, which has promoted the belief that the 'merits-based approach' no longer has relevance to the application of the Full Code Test and has thereby discouraged prosecutors from charging the more evidentially challenging but Code-compliant RASSO cases, which experience as prosecutors tells us are less likely to find favour with a jury.

"The change in approach implemented by prosecutors as a result of this new messaging has discouraged prosecutors from charging challenging cases of rape, thereby directly contributing to these falls in the volume and proportion of suspects charged.

"I have witnessed at first hand the impact of this new messaging on prosecutor behaviour which I believe has ushered in a new 'risk-averse' approach to the prosecution of rape."

The dossier also includes case studies from rape complainants who were told their cases would not be progressed.

In one, a teacher assaulted by a colleague at his house following a work Christmas party said the fact that she did not immediately leave the man's house the morning after the assault undermined her case, even though her phone contained text messages in which he admitted assaulting her and apologised.

In another case, a woman allegedly raped repeatedly by her husband collapsed because there was evidence of her making "positive comments about" her relationship with him.

In March, two High Court judges refused the coalition permission to bring a judicial review against the CPS.

The decision has been appealed.

Sue Hemming, CPS legal director, said: "We share the concerns about the gap between reported rapes and those cases which come to court.

"However, the judgment of the High Court was clear, there has been no change of approach in how CPS prosecutes rape. They found that there was no arguable basis for EVAW's claims.

"The independent inspectorate report on rape found the same, concluding our legal test was correctly applied in 98 per cent of cases they examined.

"We are focused on understanding the charging gap and "We are focused on understanding the charging gap and will shortly announce further plans to help secure justice for everybody affected by sexual violence."