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

The report presents different types and principles of laws regarding rape and sexual assault, how these cases are dealt with by English courts, and the involvement of different stakeholders in the criminal justice process. It also evaluates the effectiveness of the criminal justice system in dealing with such serious issues.

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

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Presenting different types and principle of laws with regard to rape and serious sexual assault 3
How rape and sexual assault cases are dealt by English courts...................................................4
Presenting different stakeholders involves in criminal justice process.......................................5
Explaining how effective the criminal justice system is in dealing with rape and serious sexual
assault...........................................................................................................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
England and Wales is considered one of the top state where number of rape increases
year by year such that at the end of 2021, the number reached by 61 thousand and this in turn
shows that 37% of the total cases recorded only in this area. In the same way, the present study
will help to develop a deep understanding pertaining to laws and regulations formulated in
England and Wales. The current report will help to determine different types as well as principle
of law regarding to rape and sexual assault. Moreover, the report will further determine how rape
and serious sexual assault mainly deal by English court by including the defendant’s right to
appeal. Apart from this, study will also determine the role of different stakeholders under
criminal justice process under rape and sexual assault. Lastly, the report will evaluate how
effective criminal justice system deal with such serious issues by involving different crime rates
etc.
MAIN BODY
Presenting different types and principle of laws with regard to rape and serious sexual assault
In England and Wales, there are many laws formulated by the government in order
provide justice to the girls. The laws and their principle are as mentioned below:
Sexual offence Act 2003:
The act was came into force in 2003 and it also covers non-consensual offence of rape or
person engage in any sexual activity without consent. Under this act, different sections described
in which the accuser have to comply with a sentence of life imprisonment. The main principle of
this act is to provide proper coverage to victim so that the chances of rape and sexual assault can
be minimized. Mainly the act consisted of 3 different parts which covered rape, assault by
penetration, causing sexual activity and also covered the child sex offences.
Sexual offences act 1956:
It is another law formulated by England and Wales whose main aim is to procure a victim
by threat, false pretences, administrating drugs to obtain or facilitate intercourse. The act also
covered minor children and provide safety to the women from sexual harm (Willmott and et.al.,
2021). However, in future is also amend in order to make the changes and add different section

so that it will provide safety. This law also provide protection to women and a sentence of life
imprisonment is decided, if the case is serious by government. Also, different sections have been
added which include the children protection, girl under 13, 16, 18 etc. The law also include
prostitution under section 51 (2), where they can also take an advantage, if any crime occurred.
Along with this, different penalties have been also prescribed by government which in turn
shows that government is keep taking steps in order to reduce the chances of increasing rape and
serious sexual assault.
Overall, the main principle and aim of such laws is to provide protection to women, girls
of all category without any discrimination in order to reduce the number of cases from a country
(Killean, 2021). Thus, with the help of these two sections, citizens of the country can easily
protect themselves and protect the general safety from others so that chances of rape and serious
sexual assault can be minimized. That is why, formulating different laws pertaining to different
cases will assist to create positive impact over society.
How rape and sexual assault cases are dealt by English courts
According to the UK law criminal law is defined as the wrongful act conducted against
any person which impacts the victims family. The examples of criminal law are murder, rape ,
robbery etc. According to the English Law, Rape is defined in the chapter 6 , section 75 and 76
of the Sexual Offences act 2003 and states that rape is one of serious and complex process. It is
highly observed that there are more than 1500 prosecution in England and Wales. The case is
presented in the court and all the legal requirements should be effectively and should proceed
fairly(Carline, and Gunby, 2019). The cases of rape is managed by code of Crown Prosecutor
who deals with the such cases. Such organisation include police, court, defence lawyers etc. The
people working in these organisation closely work with the police and are accountable to the
Parliament. The police is responsible for investigating the allegation of rape in order to gather the
evidence. In severe case such as rape the person is charged with the criminal offence. After
collecting the evidence the Code of Crown prosecutor should clarify that the evidence collected
is enough proof against the defendant. In the case of the defendant is not given bail expect in
certain cases but put certain obligation which they are bound to follow. After hearing to the
parties and examining sufficient evidence if its proved than penalty is imposed either

imprisonment for life or short-term but in every case of rape opportunity of being heard is given
before passing any order.
Sexual assault is defined as an act in which a person or group of person intentionally
touches another person without their consent or physically force the person to engage in the
sexual act . It is also considered as sexual violence which caused serious injury to any individual.
It includes child abuse, rape or torture and causes serious injury to the victim. Sexual offences
are prosecuted as a part of violence against Women and girls. When the cases are presented
before the court , investigation is carried out where effective investigation is carried out by the
police and evidence is collected connected with the act. Evidence can include the information
collected form the victim regarding the offence committed(Jolliffe, and Farrington, 2020) . The
court considers the seriousness of the offence as it include serious injuries to the victim. The
court examine the evidence and take statement form the victim with specific and medical
examination is conducted. The identity of the victim is not disclosed in such cases except in
specific cases with the permission of the court .On the basis of the medical report if it is proved
that offence is conducted by the defendant and opportunity to say in defence is complete , the
court give order regarding the imprisonment which can be for life or short term. The defendant is
liable for imprisonment for conducting and act which is unlawful in the eyes of law. The cases
of the sexual assault is dealt either by the magistrate court of Crown courts and depends upon the
nature and seriousness of the offences conducted After the case went into the trial and after
hearing the parties and investigating evidence , the sentences that person can receive in the
magistrates court is 6 months imprisonment for one offence and 12 months for more than one
offence. Furthermore in the Crown court the maximum sentence for sexual assault is 10 years
imprisonment. In case of the such act , that person can report about the offence to the police and
the police will investigate after getting the details .
Presenting different stakeholders involves in criminal justice process
Stakeholders in a criminal justice are those who somehow affected the criminal justice
system and it is necessary to determine key participants for the process as well. In order to
provide justice to victim, different stakeholders are also involved within a process that help to
make effective decision for the society. There are two different types of stakeholders which are
involved within a criminal justice process which includes external and internal.

External stakeholders: Such type of stakeholder do not work directly with victim but
also affected somehow with the actions and outcome. While formulating the criminal justice
process, parliament is the main stakeholder whose function is to help to select the committee for
justice and then make effective decision. Moreover, legal professionals are also involved within
the criminal justice process whose main function is to provide ways to improve the issues
(Iliadis, Smith and Doak, 2021). However, in England and Wales different bar council and Law
society are also involved within a legal professional then it provide protection to rape victims.
Moreover, public court users are also considered another important key external stakeholder
which in turn assist to make decision either in favor of victim by analyzing evidence. Further,
influencers and legal sector experts are also considered another external stakeholder who
contribute to make criminal justice more effective. Under this, media, charities assist the victims
in order to provide best services so that they can live their life healthy. Apart from this, other
government departments are also consider another important external stakeholder who assist to
provide possible services like NHS keep working for girls and their education. Along with this,
society also plays an important role as external stakeholder because they actually influence the
more with any crime so decision has made by considering the situation of society so that best
outcome can be generated (Javorka and et.al., 2022).
In the case of rape and serious sexual assault defence lawyer and forensic laboratories are
also involved because they determine the cause of crime, also play an important role in the entire
process of investigation as well.
Internal stakeholders: Such stakeholder are responsible for enforcing the law and further
interpretation of the law are considered the best part of criminal justice system. Moreover, the
people who are suspected of crimes are recognized as an internal stakeholder. In this, police
officers whose main function is to investigate the case and punish the culprit. Another
stakeholder is judges whose main function is to punish the culprit by complying the laws and
legislation. However, in this, lawyers are also involved whose main function is to provid a way
to case so that victim get a justice. Last is victim with their families are considered internal
stakeholders because they are directly involved within a crime. Cossins (2020) also explained
that they all are connected with each other and also affected by each other. Furthermore, to
minimize the negative impact or prevent the crime, apprehend offenders perform their job so that
it assists to create a positive impact and make decision process smoothly.

Overall, it has been analysed that with the help of all stakeholders, the process of criminal
justice can run smoothly as it assist to create a better outcome. It is so because they are keen
interested towards the process and this in turn might affect the outcome directly. Each
stakeholder have their own role and responsibility which help them to make decision effectively
in order to reduce number of crime within a business. However, it has been critically analysed
that without any stakeholder it will not be possible to conclude the results because each one of
them have enough knowledge and they suggest views which contribute to make decision for the
welfare of citizens as well. That is why it can be stated that by involving both external and
internal stakeholders, government imposed effective decision in order to run whole country.
Hence, it has made clear that importance of stakeholder in order to make criminal justice
decision is effectual because it assist to create a better outcome for the welfare of a citizen.
Explaining how effective the criminal justice system is in dealing with rape and serious sexual
assault
In England and Wales, the role of criminal justice system is effective and also ensure to
protect the people. Here, a collective body is mainly responsible for executive justice in UK
which also consists of different institution. As per the official website, it has been identified that
the number of adult rape cases increased by 2012 and in 2019-20, there were 43000 cases
recorded. Whereas the article published in The Guardian, reflected that the rape victim’s
systematically failed in England and Wales. It is due to rape survivors reported their attackers
which is being systematically failed by criminal justice system. The article also reflected that a
lack of collaboration between police and prosecutor delay the results and due to poor
communication with accusers also affect the results (Quilter, 2021). Also, it took an average of
706 days to report the case and one of the case took around 16 years to reach court. Though the
number of crime in overall UK keep increases and as a result, they are putting an extra burden on
criminal justice system. For example, 50% sexual offence cases rose in 2018 and no government
bodies are involved in order to make decision for the welfare of a country.
In increase of different cases in England and Wales, Crown Court has struggled and
somehow manages to reduce the number by half at third quarter of 2019. This body is also deal
with major serious cases and most of the cases will proceed through Magistrate Court where
approx. 28 thousand cases recorded in 2021 as compared to 23 thousand in Crown Court (Iliadis,

2020). Thus, it has been analysed that each government bodies plays an important role in order to
secure or protect the citizen.
Figure 1: ONS, Sexual offences prevalence and trends, England and Wales: year ending March
2020, 2021a
As per the above chart, it has been analysed that rape and sexual offences are actually
reported by victims and majority of the girls are of age 16. However the number of adults rape
cases increases by year as compared to children (Review into the criminal justice system
response to adult rape and serious sexual assault across England and Wales, 2020). The above
graph reflected the decreasing trend from 2012 because the laws are strictly imposed over the
accuser which somehow decrease the number of cases. According to records, it has been also
examined that there were many cases that lacks sufficient evidence and that is why, they are not
recorded. Hence, there is a need to make effective steps and improve the criminal justice to that
the number will be decrease and there will be no negative impact over society.
From 2014, there are many changes performed in police practices like allowing time to
assess the validity of crime before officially recorded so that evidence can be supported in order
to determine whether the case is crime or not. Moreover, it has been analysed that criminal
justice is not so effective and that is why, a strong collaboration between prosecutor and police is
essential so that they can improve the work together and bring the cases directly to court. Also,

the main purpose of criminal justice is to address the reason of criminal behavior within a society
and protect people’s right to safety as well (Green, 2022). But this is not somehow possible in
England Wales as a result, different government bodies formulated to solve the cases as soon as
possible. Moreover, to ineffective services offered by the bodies, government also implemented
early Investigate Advice EIA which in turn help to collect effective evidence before filing a case
so that proper investigation can be performed. It is so because people sometime filled fake cases
and that is why it lead to waste of time (Dowds, 2020). Overall, it can be stated that there is a
need to make changes in the criminal justice process which assist to provide accurate punishment
to accuser and this in turn somehow reduce the number of rape and serious sexual assault cases
as well.
CONCLUSION
By summing up above report, it has been concluded that government formulated different
government bodies in order to tackle the crime and reduce number of rape cases within a
country. Such that Sexual offence act 2003, 1956 which assist to protect the people from crime.
Further, with the help of effective steps and stages, the case related to rape and sexual assault has
solved in England and Wales. This in turn shows that government is prepared enough in order to
solve such crimes. The study also summarized that both internal and external stakeholder are
involved within a criminal justice process and they all plays their role effectively to make
decision for the welfare of a citizens. Lastly, it has been identified that earlier the case of rapes
increases due to ineffective criminal system of England and Wales, but by making amendments
in police practices somehow assist to reduce the number of cases.

REFERENCES
Books and Journals
Cossins, A. N. N. E., 2020. Closing the Justice Gap for Adult and Child Sexual Assault. Palgrave
Macmillan UK.
Dowds, E., 2020. Towards a contextual definition of rape: Consent, coercion and constructive
force. The Modern Law Review. 83(1). pp.35-63.
Green, S. P., 2022. Presuming Nonconsent to Sex in Cases of Incapacity and Abuse of
Position. Forthcoming in Tatjana Hörnle (ed.), Sexual Assault and Rape--What Can We
Learn from and for Law Reform.
Iliadis, M., 2020. Adversarial justice and victims’ rights: Reconceptualising the role of sexual
assault victims. Routledge.
Iliadis, M., Smith, O. and Doak, J., 2021. Independent separate legal representation for rape
complainants in adversarial systems: lessons from Northern Ireland. Journal of Law and
Society. 48(2). pp.250-272.
Javorka, M. and et.al., 2022. The Impacts of COVID-19 on Criminal Legal Proceedings and
Victim Advocacy for Sexual Assault Survivors. Victims & Offenders, pp.1-18.
Killean, R., 2021. 14 Legal representation for sexual assault complainants. Sexual Violence on
Trial: Local and Comparative Perspectives, p.175.
Quilter, J., 2021. Getting Consent ‘Right’: Sexual Assault Law Reform in New South
Wales. Australian Feminist Law Journal, pp.1-24.
Willmott, D. and et.al., 2021. Jury decision making in rape trials: An attitude problem?. Forensic
psychology, pp.94-119.
Carline, A. and Gunby, C., 2019. JUSTICE FOR RAPE COMPLAINANTS. Justice alternatives.
Jolliffe, D. and Farrington, D.P., 2020. The criminal careers of those imprisoned for hate crime
in the UK. European journal of criminology, 17(6), pp.936-955.
Online
Review into the criminal justice system response to adult rape and serious sexual assault across
England and Wales. 2020.
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/
attachment_data/file/994817/rape-review-research-report.pdf>.