Criminal Justice Crises of Rape and Serious Sexual Assault in England & Wales

This report evaluates the principles of law relating to rape and serious sexual assault in England & Wales, analyses how these cases are dealt with by English courts, and explores the effectiveness of the criminal justice system in dealing with these crimes. It also discusses the role of various stakeholders involved in the criminal justice process and the need for improvement in certain areas.

Criminal justice crises of rape
and serious sexual assault in
England & Wales

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Evaluation of various kind of principles of law relating to the rape and serious sexual assault.3
Analysing how rape and serious sexual assaults are dealt with by English courts including the
defendant’s right to appeal..........................................................................................................4
Explaining how effective the criminal justice system in dealing with rape and serious sexual
assault assessing crime rates, prosecution rates, conviction rates, reoffending rates and
rehabilitation programmed..........................................................................................................5
Exploring the role of various stakeholders involved in the criminal justice process involving
cases of rape and serious sexual assault......................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The sexual assault is being defined as the intentional doing of act wherein a person
touches a woman without the consent. This includes the different types of act wherein the person
undertakes different forms of sexual violence and it may include rape as well. the use of law and
justice is very important for the protection and safeguarding of the people within the country. In
the present report the different principle of law will be evaluated which can be used under
jurisdiction of England and Wales. Further the report will outline the analysis of fact that how
these cases of rape and assault are dealt with the English court. Moreover, the report will also
outline the different stakeholder involved within the criminal justice process. In the end the
discussion will be done relating to the effectiveness of criminal justice while dealing with these
kind of cases.
MAIN BODY
Evaluation of various kind of principles of law relating to the rape and serious sexual assault
In the current competitive environment there are different types of principle which
support the people suffering from sexual assault and rape cases. There are many of the women
who has faced by the sexual assault and this affected their mental peace and well- being. Hence,
for making the women safe there are different types of principle of laws which work for
protection of females. The major principle relating to protection of females against the violence
and assault that is Violence Against Women and Girls (VAWG). This strategy outlines the aim
that this increases the support for victim that is who has faced the assault or any other physical
violence (Preventing Violence Against Women and Girls, 2022). This strategy focuses on the
long term change and protection of the women and girls who are facing the assault. Moreover,
this also involves prioritising the prevention of the offence and try to reduce the fear among
women and girls so that they can live a normal life. The jurisdiction of England and Wales also
undertakes the use of VAWG in order to protect the working and provide justice to the victim.
Further the government equalities are also commissioned for the researching of engaging men
and boys for the changing of gender norms. This is particularly because of the reason that when
the norms relating to men and boys will be different then this will be affecting the mentality of
men so that the assault is reduced.

The major principle relating to management of rape and sexual assault is the Sexual
Offences Act 2003. this law implies that a person commit offence wherein they intentionally
touch the other person without the consent and did not seek their permission. This act involves
the protection of the non- consensual offences like assault by penetration, rape, causing a person
to engage in sexual activity without consent (Loney-Howes, Heydon and O’Neill, 2021). This
law is being used within the jurisdiction of England & Wales that in case of any rape case or
sexual assault then this will be used. The reference will be made to the law so that the
jurisdiction can confirm that what they are doing is correct or not. For the effective spreading of
justice, it is very important for the jurisdiction to evaluate and examine the ways in which
equality is being spread. Hence, for this, compliance with this law is important as this will be
resulting in development of justice among the people.
In the end it can be concluded that the use and compliance of the different principle of
laws relating to sexual assault and rape is very necessary to be followed. The reason underlying
this fact is that it provides a guidance to the person or the victim that they have different ways of
getting justice.
Analysing how rape and serious sexual assaults are dealt with by English courts including the
defendant’s right to appeal
Rap and sexual assaults are the crucial issues which highly affect the living pattern of
people in society. For overcoming such as negative influencing scenario from the society
different types of strategy is applied by courts in UK. These legal authorities provide rights to
both victim and defendants so that two side justice can be offered in society. There are different
rights which are exerted by courts for the defendant are having legal aid in case of not being able
to afford legal presentation (Grey, 2020). This allows to present his side of experience to court
in turn understanding of prevailing situation can be identified. The other form of the rights
which are possessed by defendants involve having public trail without any delay, having lawyer,
impartial jury, information regarding the nature of the charges & evidence against him or her,
etc. These are the few rights which are given to defendant for resolving the prevailing allegation
on him or her.
English courts has taken number of processes for overcoming the issues regarding the
rap and sex assault in turn safe environment can be created. The crucial actions which are taken
into practice includes enhancing information among parties, community engagement,

collaboration, individualized justice, accountability and effective outcome offering. There has
been application of problem solving court model which has two goals such as case management
for reducing load & time to disposition so that inclining trial capacity for declining execution of
more serious cases can be reduced (Carline and Gunby, C., 2019.). In addition to this, there is
much emphasis on having on putting judges at center of rehabilitation so that reducing re
offending and improving outcome can become possible. The citizen people there has been
awareness of the action taken by English court for their unethical conducting of course of action
on inferior in society. In UK guilty person who has conducted rape will liable on conviction to
imprisonment for specified duration that can be both short or longer term. In this process there
should be focused given on three burden of proof such as reasonable doubt standards, probable
cause & reasonable suspicion. In the case of absence of any legal proof the defendants will be set
free from the imposed allegation regarding sex assault.
There is as well concentrations as well provided on having surety that victims and
defendants are dealt with professionally and sensitively so that trauma of crime & subsequent
experience can be avoided (Smith, 2018). In addition to this, it can be specified that there is
involvement of those action which can lead to build confidence among the victims to come
forward to live their life in quality manner. On the basis of this, it is interpreted that there are
various processes which are implemented to deal with such mentioned matter. This is basically
exerted with maintaining professionally, diligently and empathy so that overcome awful
experience can become possible.
Explaining how effective the criminal justice system in dealing with rape and serious sexual
assault assessing crime rates, prosecution rates, conviction rates, reoffending rates and
rehabilitation programmed
Criminal Justice system play important role in overcoming execution of unwanted
practices by taking crucial actions in turn reliable strategy for improving performance. There are
different kinds of objectives for which criminal justice system is developed such as reducing
crime related rate and creating safe environment (Carline and Gunby, 2019). For this purpose
different kinds of actions are taken into place by focusing prevailing circumstances which is
basically analysed by ascertaining rates like prosecution, re offending, rehabilitation, etc.
There are different kinds of strategies which are imposed by criminal justice system so
that protection for safe guarding interest regarding people who are facing any sexual assaults.

There are different kinds of rates which aids in predictive effectiveness of the action exerted in
turn in higher reliable & relevant information for lacking areas in order to make medications can
be obtained. From the evaluation of the presented information regarding the criminal rate of
rapes and sexual assault in UK it can be specified that there is continuously inclination which is
indicating ineffective practice. There are several courses of action which can be highly required
to make modification in it as has both mentally and physically circumstances. Conviction rate is
related with overcoming prevailing situation in turn higher effective action can be applied. This
is reducing as compare to previous year (Spencer and et.al., 2018). From the evaluation it can be
specified that there are different kinds of practices has been taken which has reduced re
offending to 25.6% in the current period. This can allow the particular justice system to give
emphasis on reflecting that positive outcome can be achieved. Rehabilitation programmed are
increasing in the UK which can as well help in evaluating the direction of growth obtained by
particular system.
On the basis of this information it can be interpreted that these rates aids in gaining the
appropriate information about the prevailing circumstances so that effectiveness of the action
conducted can be identified. This as well contribute in evaluating prevailing situation so that
relevant cation can be executed. The significant course of the action which is highly emphasized
by the criminal justices' system involves offering awareness for rights, establishing helpline
service, ensuring taking appropriate action to improve performance, etc. In addition to this,
supporting victims, mitigating risk of rape & other sexual assault, etc. Thee are the crucial
actions which are executed by the particular system to decline adverse impact. There are few acts
such as Sexual of-fences 2003, etc. the strategy for spreading awareness about the sexual assault
is provided through enabling them to understand the identification of sex assault activities, etc.
Thee all the major practices which are implemented to overcome negative impact of the criminal
activities.
Also, for providing justice to the victim all the different stakeholders are important for
dealing and solving the case. The reason pertaining to the fact is that all these stakeholders are
responsible for managing and providing success. Hence, this is the duty of them and they need to
impart justice so that injustice can reduce. Along with this, all the stakeholder must also ensure
that there is equality being spread and all the women are treated in proper and equitable manner
(Long and Butler, 2018). Along with this, it can also be inferred that when all stakeholders will

be managing their work in better way than this will be promoting better justice. The reason
underlying this fact is that stakeholder involves judges, lawyers, police and all these people work
in betterment of justice.
Exploring the role of various stakeholders involved in the criminal justice process involving
cases of rape and serious sexual assault
Criminal justice system is basically concerned with having significant agency in the country h
that is responsible for enforcing law, adjudicating crime and making action for corrective
conduct. There are different kinds of stakeholders who are involved in the particular process of
providing justice to people. Rape and serous sexual assault is related with hampering person
physically without his or her consent (Berk and Elzarka, 2020). For this purpose different kinds
of policies and rules are imposed by criminal justice system in turn achieving objective of
eliminating practices related with sexual assault. There are different kinds of stakeholders who
are involved in criminal justice system which are police persecutors, defense lawyers, judiciary
& forensic laboratories, court personnel, correctional, parole officers, judges, etc. On the basis of
conducted evaluation it can be specified that there are four main players in the criminal justice
system in case of rape & sexual assault that involve police, public prospector, defense lawyers
and judges.
There are distinct form of the role which are played by different stakeholders who pay
attention on gaining the significant ability to recognize their importance in order offer justice to
victim. Police is one of the significant role player in this kind of case where attending all aspects
of combating & human trafficking via intelligence collection about victim and ensuring their
rescue so that higher fair situation can be derived. Conducting professional investigation is as
well held by police in order to rescue person who is facing any sexual assault by taking all
crucial steps to have witness protection (McCoy nd et.al., 2018). Prosecutor is concerned with
taking required steps to redress of grievances for caring victim & punishing the criminal of rap
or any kind of sexual assault. There are number of role-played by this stakeholder which includes
linking up with police, moving the court for stringent punishment, bringing notice of court, etc.
Judiciary as being one of the relevant part of the criminal justice system participant in
offering larger number so that higher ability to make improvement in society can become
possible. The role which are exerted includes controlling unwanted adjournment via fixing
priority for trial, scheduling date, etc so that prevailing issue can be solved. The defense lawyers

as being essential part of justice system who communicates on behalf of victim with the legal
authorities so that reliable pattern of solving the grievance cane become possible. In addition to
this, crime laboratories contribute in solving of issue via analyzing evidence collected from the
prevailing sex assault in turn having relevant information about suspects and victims. This
permits resolving situation leading injustice to victim via enabling other stakeholders to get
proof. The other mentioned parties as well contribute in such way to ensure that justice is served
to the victim of sex assault and rape, On the basis of this information it can be interpreted that
these are the roles are performed by different stakeholders in criminal justice system.
Further with the above discussion it can be summarised that the criminal justice system of
the country is better and effective. The reason underlying this fact is that as compared to the
historical system of justice and benchmark currently the system is much better. This is
particularly because of the reason that the current rules and regulations and steps for solving the
issues and cases of injustice (Burman and Brindley, 2021). Currently there are many different
laws as well which are created for the effective working of the justice system. In addition to this,
there are also many different amendments being done in the existing laws in accordance to the
current changes and requirement in current external environment.
CONCLUSION
In the end the report concluded the fact that currently the sexual abuse and assault is at
increase and this affect the whole level of society. This is particularly because of the reason that
the cases of rape and sexual assault has increased tremendously. With the above discussion it is
inferred that there is different principle of laws which can be used for protection of females. This
generally involves Violence Against Women and Girls (VAWG) and Sexual Offence Act 2003.
Further the study highlighted that there are several rights for defendant like there is right of legal
representation. Further it was analysed that there are different stakeholders involved in the
criminal justice. This particularly includes lawyers, police prosecutor, judges, court personnel
and many others. In the end it was inferred that the criminal justice is effective while dealing in
rape and sexual assault cases.

REFERENCES
Books and Journals
Berk, R. and Elzarka, A.A., 2020. Almost politically acceptable criminal justice risk
assessment. Criminology & Public Policy. 19(4). pp.1231-1257.
Burman, M. and Brindley, S., 2021. 16 Challenges in the investigation and prosecution of rape
and serious sexual offences in Scotland. Sexual Violence on Trial: Local and Comparative
Perspectives, p.196.
Carline, A. and Gunby, C., 2019. JUSTICE FOR RAPE COMPLAINANTS. Justice alternatives.
Carline, A. and Gunby, C., 2019. JUSTICE FOR RAPE COMPLAINANTS. Justice alternatives.
Grey, D., 2020. " Monstrous and indefensible"? Newspaper accounts of sexual assaults on
children in nineteenth-century England and Wales. Women's Criminality in Europe, 1600–
1914.
Hester, M. and Lilley, S.J., 2018. More than support to court: Rape victims and specialist sexual
violence services. International review of victimology. 24(3). pp.313-328.
Loney-Howes, R., Heydon, G. and O’Neill, T., 2021. Connecting survivors to therapeutic
support and criminal justice through informal reporting options: an analysis of sexual
violence reports made to a digital reporting tool in Australia. Current Issues in Criminal
Justice, pp.1-18.
Long, L. and Butler, B., 2018. Sexual assault. The Obstetrician & Gynaecologist. 20(2). pp.87-
93.
McCoy, E. and et.al., 2018. Delivering Justice for Human Trafficking Survivors: Implications for
Practice. Urban Institute.
Smith, O., 2018. Rape trials in England and Wales: Observing justice and rethinking rape myths.
Springer.
Spencer, D. and et.al., 2018. “I think it’s re-victimizing victims almost every time”: Police
perceptions of criminal justice responses to sexual violence. Critical criminology. 26(2).
pp.189-209.
Online
Preventing Violence Against Women and Girls. 2022. [Online]. Available through: <
https://committees.parliament.uk/work/1605/preventing-violence-against-women-and-
girls/>