Fall in conviction rates in England & Wales suggests the system isnt working
The number of offenders being convicted of rape in England & Wales has fallen to the lowest point since records were released in 2009. Just 1439 were convicted in 2018/2019 compared to 2,991 in 2016/17.
According to a BBC study backed up by Home Office and Crown Prosecution Service (CPS) data, the statistics suggest something is wrong at the heart of the justice system when it comes to dealing with non-consensual sexual assault cases. Amongst the key reasons for the sharp reduction in convictions is the attitude of the police and CPS lawyers when assessing the viability of a particular case. Fewer than 1 in 65 cases led to a charge or summons last year.
The BBC article suggest that "informed sources claimed some investigators were frustrated that growing numbers of rape cases they had worked on were not resulting in a prosecution and were more selective about which ones they sent forward for a charging decision."
It is also taking longer for suspects to be charged with some cases taking 5 months to reach the decision stage as compared to 6 weeks in 2015/2016. Campaigners will be working hard to help the CPS improve the system and among them the Centre for Womens Justice have been very vocal about the reforms that are needed suggesting that rape is almost being de-criminalised.
We help victims of rape and sexual assault pursue much needed compensation following their ordeal. Please contact us if you wish to discuss your case in more detail. It is possible to claim an award even where the offender is not charged by the police.
BBC news source
Why Clare's Law is in need of a publicity drive
Many people we come across on our helplines do not know about Clare's Law which is a crucial piece of legislation that allows potential / or actual victims of domestic violence to obtain details about their partners criminal past. Specifically in relation to whether there is a history of domestic violence.
This right to disclosure is literally a life saver as those that make the enquiry can gain access to a potential offenders history, thus becoming aware of the risk posed to themselves by continuing in the relationship. Despite the worthiness of the legislation very few people exercise their rights to access the information.
Only 4000 people used the process in 2019 when the latest figures were released. It is important that awareness of this scheme is promoted by all agencies and charities involved in domestic violence work.
We fully endorse the scheme and believe it to literally be a life saver in these very troubling pandemic times.
Deadline for abuse victims as the "same roof" compensation window closes
In June 2020 the government announced that they were to temporarily remove the "same roof" rule to allow victims of historical crimes to claim compensation. This rule previously had denied thousands of victims from receiving rightful compensation under the governments scheme.
What is the same roof rule?
This appalling rule is contained within the Criminal Injuries Compensation Scheme 2012 and states that no compensation would be paid to any victim who at the time of any abuse or assault was living with the perpetrator under the same roof before October 1979. This meant that those suffering sexual abuse at the hands of family members living with them could not claim compensation. When you bear in mind that 90% of sexual abuses cases involve close family members, this rule represents a clear injustice.
Why is there now a deadline for claims?
A landmark decision in the summer of 2018 paved the way for changes and the cross Government Victims Strategy published in September 2018 confirmed that the Ministry of Justice intended is to amend the 1979 CICA rule.
It is now possible for victims of abuse suffering before October 1979 to claim compensation. But for those who have already tried to claim and been refused previously - the deadline closes in June 2021.
If you have claimed before and been refused – can you really claim again?
Yes you can now claim again but you must submit a fresh application. The old application cannot be relied upon. You have until 13th June 2021 (2 years on from the rule change) to make your claim to the CICA and be aware that all claims are subject to eligibility.
What if no CICA claim has been made previously?
If you have not previously made any claim to the CICA for sexual abuse because of the Same Roof rule, you can now do so. Your deadline will be 13th June 2021 (2 years on from the rule change) so as long as you submit your case to the CICA before this you should have your claim fairly assessed subject to the usual eligibility criteria.
The government have now abolished the rule that prevented victims claiming compensation if they lived with their abuser
In what campaigners would describe as a very late but welcome rule change, NI Assembly Justice Minister Naomi Long MLA has announced the removal of the same household rule contained within the Northern Ireland Criminal injuries Compensation Scheme 2009.
This grossly unfair rule prevented blameless victims of crime being able to claim government compensation for crimes such as family sexual abuse or violence if the offences occurred prior to 1979. The new rule change follows the UK mainland changes which were introduced 12 months ago removing the rule for those living in England Wales & Scotland. It has taken the Northern Ireland governing body a year to catch up but these changes will be very much appreciated by victims and campaigners alike.
It is now possible to claim compensation even if your case has previously been refused.
Naomi Long said: “The same household rule was unfair and I recognise the impact this had on all victims whose applications were refused simply because they lived with their attacker.
You can read the official press release here.
Operation Tendersea victims right to compensation
The wide-ranging police investigation into sexual abuse and trafficking across Huddersfield and Kirklees saw another milestone yesterday as 6 men were jailed for related offences.
The men were found guilty of rape and sexual abuse perpetrated upon a number of young girls in the locality. The victims involved in Tendersea were thought to be aged between 12-15. They were subjected to a period of grooming and were then sexually abused by the gang. The offences took place between 1995 - 2011. The trial that finalised this week was the sixth to come from Operation Tendersea, an investigation by West Yorkshire police into child sexual exploitation in the town which has now seen 34 men convicted.
For those victims caught up in this case now is the time to seek abuse compensation. The government scheme that exists to provide victims with much needed support and compensation is managed by the CICA. However strict deadlines apply to all claimants and the Tendersea victims will need to be aware of the timeframes pertaining to their particular claim.
Please call us for legal advice on your Operation Tendersea claim - 01423 593002
Child abuse cases being investigated by the police have risen 60% since 2015
The NSPCC have recently released the results of intensive research into the numbers of child sexual abuse cases reported to the police over a 4 year period since 2015.
The data was secured by way of a Freedom of Information (FOI) request to all police forces across the UK. The statistics revealed a sharp rise of 60% in reported cases from 2014/2015. Around 76000 cases in all.
Of these up to 16000 were said to involved children under the age of 10.
It would have been interesting to see the figures from 2012 onwards as we can say from our own data that the number of abuse survivors disclosing has risen dramatically. People are now empowered through legislation and shifting police attitudes bringing confidence to those who previously would not dared to have disclosed. We deal with survivors every day who have taken many decades to come forward and report their abuse. It is a huge step to take but there are many support networks and excellent resources available that didnt exist even 5 years ago.
If you are going through an investigation currently we can assist with legal advice on your compensation rights. Get in touch by calling us on 01423 593002 for an informal discussion about your case.
