'More sex assault cases must be put before a jury'

Alexandra Whitelaw wears face paint to symbolise how victims of domestic and sexual violence are silenced

Survivors of sexual assault whose attackers were never taken to court are calling for the testimony of victims to be taken more seriously by prosecutors.

Alexandra Whitelaw and Louise Perks, both from Walsall, want more cases deemed to be “one word against another” to be heard before a judge.

In 2023, 2.1% of rape cases resulted in the suspect being charged or summoned to court.

The CPS has said it is seeing more cases referred to it by the police but it recognised the overall number of prosecutions was still too low.

Ms Whitelaw, 34, from Leamore, is a survivor of domestic and sexual violence.

"When I was 14, I went into the police station, freshly attacked," she said.

"They laughed me out saying that there was no point."

In 2020, after posting on social media about her case, the police began investigating.

But she was recently told the CPS had advised no further action should be taken.

She said it was because witness accounts were deemed inconsistent.

"It happened 20 years ago, so remembering everything is impossible," she said.

"I never told my witnesses the finer details of the attack and I don't expect anyone to remember everything I did tell them. It's not fair for the CPS to expect this.

"I want them to take on more cases and to take someone's word against someone else's as a serious way to get in front of a judge."

Louise Perks was raped at gunpoint in 2020. She considers herself lucky as she has a strong support network

Ms Perks was robbed, beaten and raped at gunpoint in Wolverhampton in 2020. The police investigated but the attacker was not brought before the courts. She said she did not receive support from any agencies.

"The guy ran off with my ID which had my address on it so I had to leave my home. I hit rock bottom. I ended up mentally unstable and was sectioned.

"I'm one of the lucky ones because I have such a supportive husband."

About 25 people gathered in Walsall recently to walk to the town's magistrates court in an effort to make their voices heard.

They collected signatures for a petition to persuade the CPS to accept cases of domestic and sexual assault if the witness is able to provide a consistent account.

They have 175 signatures and need 200 for it be heard by Walsall Council.

"Put us in front of a jury and let them decide if we are telling the truth," Ms Perks said.

Ali Parker, a solicitor at Saunders Law, said he understood the call for change as "the number of cases not being prosecuted is alarmingly high".

But he disagreed with campaigners calling for a trial for every allegation.

"Fairness requires that every accused person be given a chance to rebut the allegation before trial," he said.

"The CPS take on cases which have a 'realistic prospect of conviction'. That means a realistic chance that, having heard all the evidence, a jury would be sure of guilt.

He said victim testimony was one type of prosecution evidence, but there is no rule requiring any other types of evidence, or any corroboration for what the victim is saying.

"Of course, every case is different, each one requiring an independent decision.

"We don’t know whether there was other evidence in each case, either tending to support or contradict what the victim is saying.

"Having said that, the notion that over 95% of reported rapes could not have been proven in court seems extraordinary."

West Midlands Police said it had set up Operation Soteria to transform the way it investigated rape and other sexual offences.

It had resulted in better outcomes and victim experience, the force said.

"Rape investigation is incredibly complex and we are committed to increasing our specialist capability and building capacity in order to truly transform the service we offer."

The Ministry of Justice said: “The criminal justice system has been under enormous strain for many years – with the Crown Court caseload now the highest on record. Addressing this is a priority of the new government."

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