Rape trials collapse in record numbers as victims and witnesses walk away

The “witness attrition” rate of people quitting proceedings caused 325 prosecutions out of 4,317 to collapse last year, compared with 62 in 2019.

Victims facing waits of up to four years for a court date have been abandoning prosecutions at record levels. Crown courts have begun ­listing trials for as late as 2029, with charities and lawyers warning that victims are increasingly likely to walk away from their cases.

The number of rape prosecutions has almost doubled from 2,183 in 2019 to 4,317 in 2024, but the rise in witness attrition far outstrips this. The government is showing no sign of delivering on its election promise to create specialist rape and sexual assault courts to clear the case backlog, despite pressure from charities and campaigners.

Maxime Rowson, head of ­policy for Rape Crisis England & Wales, described the latest figures as “appalling”, saying: “Survivors caught in the crown court backlog tell us of the impact on their mental health, attempts at suicide, feelings of powerlessness, the inability to move on with their lives and the effect on their children and other family members.

“Some survivors are simply unable to stay engaged with the system, and reach breaking point.

The total number of outstanding cases in the latest Crown Prosecution Service (CPS) data stood at 76,957, with adult rape cases accounting for a record 3,808 of these – a 155% increase on the same time in 2022.

Almost one in five non-convictions are due to a victim or witness dropping out from the case.

Although rape prosecutions have increased by a third since June 2023, the conviction rate has remained flat at 60%. For prosecutions that fail to convict, only half are from a dismissal or acquittal, meaning the other half are due to problems with evidence, victims or witnesses.

The figures were analysed for The Observer by the Criminal Bar Association, whose chair, Mary Prior KC, said: “Victims have to keep faith with a system which has repeatedly let them down. It is increasingly hard to persuade them not to walk.”

A Ministry of Justice spokesperson said that the backlog had been inherited from the previous government, blaming them for “delays that have a devastating impact on victims”. They added that the courts are receiving record funding and Sir Brian Leveson’s review would deliver “once-in-a-generation reform to tackle delays and speed up justice for victims.”

A CPS spokesperson said: “Though victims continue to support a prosecution in the majority of cases, too many still withdraw because of delays or a lack of support. This is why we’ve introduced initiatives such as offering all adult rape and sexual assault victims’ pre-trial meetings with members of the prosecution team.”

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