Victims of rape to get free legal advice throughout criminal justice process

Rape victims will receive free legal advice throughout the criminal justice process in a bid to make the process less traumatic, the Ministry of Justice (MoJ) has said.

Lawyers will help victims understand their rights and resist unnecessary requests for personal information.

A new Independent Legal Adviser service will provide guidance outside of court, including how to challenge Crown Prosecution Service (CPS) “no further action” orders.

The Ministry of Justice also confirmed the expansion of Operation Soteria, a program that improves police investigations into sexual offences.

Ministers will seek a consistent “victims first” approach in the courtroom.

Last month, courts minister Sarah Sackman admitted she would “not blame” victims who chose to walk away from the criminal justice system rather than wait years for a hearing.

This comes as the controversial Courts and Tribunals Bill reaches Second Reading in the House of Commons.

The reforms will introduce judge-only trials for some types of crimes and reduce a defendant’s right to a jury trial in a bid to reduce the backlog.

The Conservatives are preparing to vote to block the second reading in Parliament on Tuesday.

Justice Secretary David Lammy said: “For too long, rape victims have faced not only the trauma of the crime, but also the trauma of a justice process that can feel as if it is judging them rather than pursuing the perpetrator.

“Operation Soteria has already changed the way rape cases are investigated by putting the focus where it belongs: on the suspect.

“By introducing Independent Legal Advisers and extending the principles of Operation Soteria into the courtroom, we are ensuring victims have the protection and support they deserve throughout the justice process.”

“Alongside our reforms to the court system through the Courts and Tribunals Bill, we are rebalancing the system to put victims first.”

The Ministry of Justice said the scheme would be supported with £6 million over two years.

A sexual violence survivor told Prime Minister Sir Keir Starmer on Monday how her 10-year fight for justice had left her feeling “forgotten”.

Katie Catt told Sir Keir about her abusive ex-partner and the impact it had on her mental health.

“With the delays, you feel like you might be forgotten because there’s no one talking to you, there’s no one keeping you informed,” he said.

Sir Keir said: “It’s really important that you’re at the heart of the government working with us on this because we can’t do this without you.

“I want you to have the opportunity to tell me about your experience, what you think needs to change, and I want it to be a really candid conversation.

“Don’t hold back, the most important thing is that we learn the plain version of this, what it is like, what needs to change.

“It’s your right to tell us when things aren’t right.

“So it’s our job to do something about it.”

Siobhan Blake, the Crown Prosecution Service’s national lead for rape and serious sexual offenses, said: “No victim should ever feel like they are the one on trial.

“Following Operation Soteria in 2023, we overhauled the way we investigate rape cases, working closely with the police from the outset to ensure investigations focused on the suspect’s actions rather than examining the victims.

“Our expert prosecutors are trained on how to dismantle harmful assumptions and misconceptions about how a victim ‘supposed’ to behave and challenge them head-on in the courtroom.”