An anatomy of two rape trials

Two reports of rape. Two criminal trials. Two not guilty verdicts. Two men, cleared. Two women – torn apart. A Tortoise investigation has heard how two complainants, Grace*, and Emma*, experienced the justice system from the point their alleged rapist was charged to the moment they were told of the jury’s decision. At a time when a vanishingly small number of police-recorded rapes result in a criminal charge, access to the transcripts of these two trials has permitted a step-by-step analysis of how each woman’s case was prosecuted, how they were cross-examined by the defence, why in one case, a woman’s past sexual history was allowed to be put before a jury, and the “bad character” of one alleged rapist was not.

On the stand

Grace was, in her own words, ‘destroyed’ in a ‘barbaric’ cross examination by her ex-partner’s barrister over two days on the witness stand. Dozens of her most private and intimate text and video messages were raked through in a shaming public ordeal. Afterwards, her mental health collapsed. She does not feel she will ever recover.

Emma has lost two years of her medical studies to the strain of waiting for a trial, and then battling to protect her daughter from her ex-husband after the “not guilty” verdict was returned. She is incredulous at the number of prosecution mistakes she says undermined the case against her ex – who had already pleaded guilty to separate charges of repeatedly raping his two younger siblings. She is baffled and furious that this was a fact the jury was not allowed to know.

Both women have escalated their complaints to the “independent assessor” stage, after the Crown Prosecution Service twice refused to uphold all but a single point in their extensive list of criticisms.

The criminal justice system on trial - a snapshot

Last year:

• Police recorded nearly 70,000 complaints of adult rape
• The CPS charged in 2,837 cases (some related to investigations from previous years).
• 2,507 adult rape trials ended in either a verdict or a guilty plea.
• 1,574 rapists were convicted (some for rapes where the victim had waited years for a trial).

Are things getting better?

Tentatively, yes. Four years ago, there were over 1,100 fewer charges of rape than in 2023. And 246 fewer convictions. But the rise in charge rates comes from a very low base. If as a rape complainant you’re lucky enough to see the defendent brought to trial, the conviction rate runs between around 70-75 per cent.

Our investigation showed that delays are now baked into rape prosecutions, as years of underfunding and a resulting a flight of barristers from the profession has led to repeated cancellations of trials either on the day or in the hours beforehand. Grace’s trial was rescheduled twice. Delays caused by crowded court lists, and not enough judges, barristers, or courtrooms can be determinative of outcomes; women drop out between charge and trial, unable to bear the strain of what can become a years-long wait, and the emotional toll of being called to court, only to find that the trial is postponed.

Even when a man is convicted, rape victims can discover just how inconsequential to the justice system they are.

Although not featured in our podcast, Veronica*, who believes her ex would have killed her had she not finally, after years, escaped and reported him to the police, said nobody bothered to inform her of his sentencing hearing, even though she had specifically confirmed that she wanted to attend. Her victim impact statement was not even read out in court. Diagnosed with post-traumatic stress disorder, she had managed to write it despite the anguish of reliving her experiences, so that finally, when her rapist was convicted she would have a voice.

Having been firmly instructed to keep her statement short, she apologises to the judge that she has struggled to be concise.

“But how do you briefly describe being thumped repeatedly in your head whilst hearing the screams and seeing the fear and tears on your son’s face?” she asks. “How do I briefly describe what it is like to be raped? Sexually assaulted. Degraded. How do I briefly describe that? Do I edit out how my son was a witness to these horrific abuses? Or do I edit out my ex’s homemade medical treatments, the glueing of many splits [to my skin], including when he held the knife to my neck? Or do I edit out the relocating of my joints into their sockets after he dislocated yet another bone? Or do I edit out the rape because it’s not easy listening? I have been effectively silenced since the day we became a couple… this is my one and only chance to speak.”

Regaining some sense of control and agency over their lives is part of why women report being raped. But because no one let Veronica know her ex was being brought before the judge to be sentenced, “I was robbed of that,” she said. “My ex and now the courts had silenced me.”

Grace’s ex was found not guilty of three counts of rape and three counts of actual bodily harm. He was found guilty of coercion and control: with time spent on remand for twice breaking his bail conditions, he served seven days.

Emma’s ex-husband is now in prison for incest crimes. But not for raping her.

She wrote in her victim impact statement, “when the person who is supposed to love you most in the world, who has committed to spend the rest of their life with you, rapes you, it destroys your understanding of yourself, and of the world.”

It was never read out in court either, because in the eyes of the law, Emma is not a victim.

These are some of the women behind the numbers. And they do not feel that justice is being served.

*names have been changed.

Listen to the podcast: Taking the stand