The Sexual Offences Act 2003 covers the legislation regarding all sexual offences committed against children and adults. This article will be referencing Rape and other Serious Sexual Offences (RASSO) as defined within the Sexual Offences Act 2003.[1]
Throughout the last few years, the government has started taking steps towards making the response to RASSO across agencies more suspect focused and removing the negative stigma often attached to the victims affected by the offence.[2] The first acknowledgement of their failures originated in the 2021 end-to-end rape review[3]. Within the review, commitments were made in order to tackle the issues raised, one of which included the launch of Operation Soteria.[4] The operation utilised academic opinions in order to create a new way of investigating and prosecuting adult rape and sexual offences[5]. Operation Soteria is the umbrella term for the operation which has two aspects within it. One of these aspects being the prosecution of RASSO within the CPS, whilst Soteria Bluestone refers to the investigation of RASSO within the police. This article aims to analyse the Governments response to the UK rape crisis and assess its effectiveness in tackling issues that have long undermined the UK legal system.
The end-to-end rape review and the issues that raised concerns for the investigation and prosecution of rape and sexual offences:[6]
‘Reporting of rape has increased in recent years from 24,093 adult rapes recorded by the police in 2015/16 to 43,187 in 2019/20’.[7] And yet, completed rape prosecutions have dropped from 5190 in 2016/17 to 1557 in 2020/21.[8] The end-to-end rape review, acknowledge these figures and apologised for the failing system.[9] The UK government launched an action plan to address these failures highlighted within the review, which included the launch of Operation Soteria. Other solutions they identified included: [10]
Investing more money in the support of victims of RASSO;
make support more accessible, specifically for minority victims;
making legal guidance on victims’ rights more understandable;
a cultural change within the police and CPS to encourage more victims to see through the process of an investigation and prosecution;
accelerating the timeline of when an investigation needs the victims’ phone for evidence so that they are not without it for too long;
better communication with victims throughout the court process and;
address the issue of rape myths within court proceedings.
The end-to-end rape review was the first step taken towards making the UK legal system, and society in general, more equipped in dealing with RASSO.
The work behind Operation Soteria Bluestone:
Academic teams from multiple universities came together to perform a ‘deep dive’ into the different aspects of rape and sexual offences, which included sexual offending behaviours, impacts on survivors and the further impact on those in the wider community.[11] This was done by examining the workings of the metropolitan police, Durham, West Midlands, and South Wales police. The academics assessed police records of rape and other sexual offences between 2018-2021 and police ethnography. They also observed ongoing investigations and victim liaison officers, reviewing body camera footage, conducting focus groups and surveys amongst officers, independent sexual violence advisors and survivors[12]. Finally, they assessed police training, investigation guidelines, protocols and procedures.[13] The research also relied on the idea of ‘5 pillars for improvement’. [14]These pillars are the main aspects of what ‘good policing looks like’.[15] They include:
A suspect focused investigation;
The disruption and challenging of repeat offenders’;
Embedding a systematic procedural justice to victim engagement during the investigative process;
An enhanced, specialised officer learning and development programme and;
Using data-led monitoring and evaluation of new investigative strategies and justice outcomes to improve understanding of RASSO.
Having worked alongside the police for a year, the academics published the year 1 report. The report helped highlight further the key issues the police were facing when investigating RASSO and will be used to help create a general national operating model for the investigation into these offences in the future.
What the year 1 report tells us:
Firstly, the report highlighted the absolute necessity for better trained officers when dealing with reported RASSO.[16] The officers need special training in order to give appropriate care and consideration which is necessary for offences of such a sensitive nature. Another key issue raised was the failure of officers to treat victims with a certain level of courtesy. The research conducted by the academics highlighted that a victims’ credibility undergoes more vigorous checks than that of the suspect.[17] This shows, as demonstrated by the report, that more emphasis needs to be placed on researching the suspects’ behaviours rather than the victims. This could also be beneficial in mitigating the occurrence of reoffending because officers would be able to notice re-offending behaviours. The academic also encountered an array of stereotypes about RASSO which emphasised the need to challenge these views within the police force in order to change them, which would change the way they investigate and benefit the experience of the victims involved.[18] The police force as a whole also needed to improve their way of reporting RASSO within their systems.[19] The example used was the overlap between RASSO and domestic violence. This needed to be recorded in a way that would provide specific investigative strategies so that the two offences, although separate, should not be treated as such.[20] Furthermore, the general treatment of reported offences is poor, with some forces missing data and lacking the capability to understand how to use their systems effectively.[21]
Overall, the report showed that investigative techniques within policing need to be altered to keep up with society’s demands and need for reform.
Operation Soteria within the CPS:
Similar to Bluestone, the Crown Prosecution Service (CPS) also enlisted the help of academics to help launch Operation Soteria within the CPS. The operation has now been rolled out across all CPS areas. The operation focuses on ‘six workstreams’ that are key to effectively prosecuting RASSO and adopting the ‘suspect-centric approach’.[22] These ‘six workstreams’ include:[23]
Early partnership with police investigations;
no further action scrutiny;
case progression and trial readiness;
better support for victims and;
ensuring staff are well-equipped.
The CPS are implementing these streams in order to overcome the longstanding issues that they face when prosecuting RASSO. For example, by working at an earlier stage with the police, they have started to offer the opportunity for victims to have meetings with officers in their case to increase confidence.[24]
Have the changes made a difference?
Operation Soteria began as a small operation across just 5 police forces, it has now been rolled out to all police forces as of July 2023.[25] In addition to this, the police are placing a larger emphasis on the importance of specialised training for handling of RASSO cases, they have now made it compulsory for ‘all new recruits to undertake rape and sexual offences training’.[26] In all five original police forces that took part in Operation Soteria from the outset, the percentage of cases charged have increased from the quarter before the launch of Operation Soteria to December 2022.[27] Despite these promising points, it does not mean that there is not still progress to be made. Although the percentage of cases charged may have increased in 3 out of the 5 police forces, the percentage of victim withdrawal outcomes increased.[28] Avon and Somerset police were one of the first forces involved and have completely readjusted their approach to investigating RASSO. They once prolonged investigations which meant they often missed the fact that many suspects were repeat offenders.[29] They now interview suspects immediately and ‘look for evidence of grooming, coercion and exploitation’.[30] Furthermore, they also have been receiving positive feedback from victims who praise their approach for supporting them throughout the investigation.[31] This is further evidenced by how they have been using ‘reflective practices’ amongst colleagues to assess their peers and approaches.[32]
Overall, together, the CPS and UK police forces are taking accountability and responsibility for the failings within their agencies’ response to rape- making the changes necessary to help improve this. The fact they have done this is a huge step in the right direction for transforming the treatment of RASSO survivors and their cases. However, the hard work cannot finish here and plenty more needs to be done to ensure victims of RASSO are truly helped.
References:
[1] Sexual Offences Act 2003, s 1, s 2, s 3.
[2] Amy M. Buddie and Arthur G. Miller, ‘Beyond Rape Myths: A More Complex View of Perceptions of Rape Victims’ (2001) 45 Sex Roles < https://link.springer.com/article/10.1023/a:1013575209803#citeas > accessed 26th October 2023 139, 139.
[3]Lord Chancellor and Secretary State of Justice, ‘The end-to-end rape review report on findings and actions’ (CP 437, 2021) <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1001417/end-to-end-rape-review-report-with-correction-slip.pdf> accessed 28th October 2023.
[4] ibid, para 84.
[5] Crown Prosecution Service, ‘The National Operating Model for Adult Rape Prosecution’ (CPS, 10th July 2023) https://www.cps.gov.uk/publication/national-operating-model-adult-rape-prosecution accessed 2nd November 2023.
[6] (n3).
[7] Ibid, 3; Office for National Statistics ‘Sexual Offences in England and Wales Overview : Year Ending March 2020’ (ONS, 2021) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/sexualoffencesinenglandandwalesoverview/march2020> accessed 28th October 2023.
[8] Crown Prosecution Service ‘CPS data summary Quarter 4 2020–2021’ (CPS, 22 July 2021) < https://www.cps.gov.uk/publication/cps-data-summary-quarter-4-2020-2021> accessed 29th October 2023; Crown Prosecution Service, ‘CPS Violence against Women and Girls report 2018–2019 data’ (CPS, 2019)< https://www.cps.gov.uk/publication/violence-against-women-and-girls-data> accessed 2nd November 2023; House of Commons Home Affairs Committee ‘Investigation and Prosecution of Rape’ (UK parliament, 12th April 2022) < https://committees.parliament.uk/publications/9600/documents/166175/default/> accessed 28th October 2023.
[9] (n3).
[10] Ibid, 11-17.
[11] Dr Katrin Hohl and Professor Betsy Stanko ‘Operation Soteria Bluestone’ (College of Policing, 31st August 2023), 3-4 <https://www.college.police.uk/research/projects/operation-soteria-bluestone> accessed 26th October 2023.
[12] Betsy Stanko Operation Soteria Bluestone Year 1 Report 2021-2022 (CP 769, 2022) 4. <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1128688/E02836356_Operation_Soteria_Y1_report_Accessible.pdf> accessed 28th October 2023.
[13] Ibid.
[14] Dr Katrin Hohl, Elizabeth A Stanko 'Five Pillars: A Framework for Transforming the Police Response to Rape and Sexual Assault’ (2022) 2 International Criminology, 222, 222.
[15] (n5).
[16] (n12), 5.
[17] Ibid 6.
[18] Ibid.
[19] Ibid.
[20] Ibid.
[21] Ibid 8.
[22] CPS ‘The National Operating Model for Adult Rape Prosecution’ (CPS, 10th July 2023) <https://www.cps.gov.uk/publication/national-operating-model-adult-rape-prosecution >accessed 10th October 2023.
[23] Ibid.
[24] Ibid.
[25] National Police Chiefs’ Council, ‘Op Soteria rolled out across England and Wales’ (10th July 2023) <https://news.npcc.police.uk/releases/victims-rights-and-needs-at-centre-of-transformative-new-approach-to-rape-investigations-and-prosecutions >accessed 26th October 2023.
[26] Ibid.
[27] Ibid.
[28] Ibid.
[29] Alexandra Topping, ‘Everyone Wants to Get Involved: Inside a New Police Approach to Tackling Rape’ The Guardian (London, 24th Oct 2022) Society < https://www.theguardian.com/society/2022/oct/24/operation-bluestone-inside-new-police-approach-to-tackling-rape> accessed 26th October 2023.
[30] Ibid.
[31] Ibid.
[32] Ibid
Bibliography:
Statutes
Sexual Offences Act 2003
Governmental Reports/ Papers
House of Commons Home Affairs Committee, ‘Investigation and Prosecution of Rape’ (UK Parliament, 12th April 2022).
Lord Chancellor and Secretary of State of Justice, ‘The End-to-End Rape Review Report on findings and actions’ (CP 437, 2021)
Stanko B, ‘Operation Soteria Bluestone Year 1 Report 2021-2022’ (CP 769, 2022).
Journal Articles
Buddie A.M. and Miller A.G. ‘Beyond Rape Myths: A More Complex View of Perceptions of Rape Victims’ (2001) 45.
Kohl K, Stanko E.A. 'Five Pillars: A Framework for Transforming the Police Response to Rape and Sexual Assault’ (2022) 2 International Criminology, 222.
Online Publications and Webpages
Crown Prosecution Service ‘CPS data summary Quarter 4 2020–2021’ (CPS, 22 July 2021).
— —‘CPS Violence against Women and Girls Report 2018–2019 data’ (CPS, 2019).
— —‘The National Operating Model for Adult Rape Prosecution’ (CPS, 10th July 2023).
Kohl K and Stanko B ‘Operation Soteria Bluestone’ (College of Policing, 31st August 2023).
National Police Chiefs’ Council, ‘Op Soteria Rolled Out Across England and Wales’ (NPCC, 10th July 2023)
Office for National Statistics, ‘Sexual Offences in England and Wales Overview: Year Ending March 2020’ (ONS, March 2021)
Topping A, ‘Everyone Wants to Get Involved: Inside a New Police Approach to Tackling Rape’ The Guardian, (London, 24th Oct 2022
