We, the Women brought together by FiLiA at Cardiff in 2022, demand the following;

1.    An end to the use of Community Resolution Orders for all offences of sexual assault

It is outrageous and a public scandal that police forces are using Community Resolution Orders as an outcome for sexual offences, sometimes even in cases of rape. Offenders given such an order can be dealt with by receiving advice, providing an apology to their victim, or ‘repairing or paying’ for damage done. 

This must stop.

Community Resolution Orders are In the words of the College of Policing, the body responsible for setting standards for the police service in the UK, “a method of dealing with an offender for a lower-level crime, in a way which is proportionate. Resolutions can be offered when the offender accepts responsibility for offending behaviour and, in most cases, where the victim has agreed that they do not want more formal action taken”.

Chief Police Officers have previously issued guidance which makes clear that these Orders are to be used only for ‘a less serious offence or anti-social behaviour incident’. It is unacceptable that offences against our bodies are viewed as ‘less serious’.  Use of a Community Resolution Order in such cases sends the wrong message about the seriousness of male sexual violence to women, and perpetrators will potentially be emboldened by the lack of any real outcome.

Men must understand that cases of rape and sexual assault are never suitable for a Community Resolution Order. Women and girls must have the confidence of knowing that our police forces will never view such offences against us as ‘less serious’ and retrievable by a mere apology from the perpetrator. The only outcome to be considered in such cases must be a prosecution.

 

2.    All rapes and sexual assaults with a named perpetrator to progress to arrest and interview

There will be many occasions when a woman is particularly vulnerable, in fear, or otherwise under such stress and pressure, that she withdraws from interaction with the Police, but she has already named her perpetrator. In such cases, many perpetrators may be unaware that they have been named. Without fear of repercussion or accountability, they may continue further violent behaviour towards women.

Where a perpetrator has been named, then this person should be arrested and provide an account in interview. The Police should then be exploring and probing their account, testing this against other supporting evidence.

Men who are sexually violent towards women and girls should always expect to be arrested and held to account, without exception. This would send a strong message about society’s abhorrence of such behaviour. To not do so, sends the reverse message – that you can ‘get away with it’.  Let’s instead send the message ‘we hold you to account’.

 

3.    The CPS and Police to commit to progressing prosecutions where the victim withdraws and to increase the volume of prosecutions at court

There are many reasons why women and girls withdraw their support from a criminal investigation On such occasions, the default position should not be that the case immediately stops.

Women and girls are facing lengthy delays after they report their cases to Police. These delays can mean that victims withdraw from criminal investigations. Women are also understandably fearful of the level of intrusion of an investigation, including a lengthy trawl through their mobile phones and social media usage. Women are often fearful of their attackers, of societal disapproval, of family reaction. All contribute to the withdrawal of support.

There is no such thing as a ‘victimless’ rape or sexual assault. The concept of a ‘victimless’ investigation or prosecution is one where the prosecution proceeds in the absence of the participation of the victim. Such prosecutions are often progressed for many offences, including in the case of serious assaults. The Crown Prosecution Service (CPS) and Police should progress rape and sexual offence investigations in these circumstances with formidable energy. 

Cases can and should be prosecuted with the initial account of the victim, making full use of supporting evidence from witnesses, CCTV, forensic evidence and the interview account of the perpetrator. This would mean that perpetrators would not have the reassurance that, should they place pressure on the victim to withdraw, they would be free from any further accountability.

Of course, intrinsic to this particular demand is that the CPS review internal performance targets. This is leading to an inclination to charge only the most ‘likely to succeed’ cases and meaning that women and girls do not have their opportunity of justice. No wonder women withdraw their support.

 

4.    An end to ‘victim blaming’ and extensive disclosure requirements. Disclosures should be limited to those that are strictly necessary and justified

A seismic change of approach is needed in the criminal justice system. There must be an end to the appalling spectacle of women’s reputations being dragged through the gutter, our lives trawled through, our every conversation on social media forensically picked apart to apportion blame, and accountability deflected away from the perpetrator.

Key to the experiences of women are the excessive and intrusive disclosure demands of various documents - from phone records, medical records, counselling support and social services history – these must be strictly limited and justified as to necessity in every case. It is not acceptable for ‘fishing expeditions’ to take place in an attempt to cast doubt on a woman and prejudice a jury towards her. 

Little wonder that so many women withdraw their complaint, or even come forward at all. It is not acceptable for rape victims to feel that they are on trial and to be subject to brutal cross-examination.

If the criminal justice system is serious about improving the reporting of rape and delivering wholescale improvements in rape outcomes, this victim-blaming must stop. There is no other crime where this focus on blaming the victim occurs. Rape is #NeverHerFault

 

5.    The Victims’ Right to Review process to contain a truly independent and external review process – at Police and CPS level

The low level of charges being brought for offences of rape and sexual assault is a national scandal. If the criminal justice system wants to really demonstrate transparency and accountability in its decision-making, then the Victims’ Right to Review scheme must be truly independent.

At present, women who request a review of a decision by the Police not to charge, do not have the assurance of complete independence. That review is carried out by an officer ‘that was not involved in the investigation and is senior to the officer that made the first decision’. That may be a close colleague.

This does not improve when the decision has been made at the CPS level. The decision will then be reviewed by another prosecutor and if (unsurprisingly perhaps) that prosecutor also agrees with the decision not to charge, then a further review may be carried out – by the CPS Appeals and Review Unit.

This amounts to the Police and the CPS marking their own homework and must change. Organisations that are mindful of their own reputations are not likely to change their decisions. Women must have the reassurance of an independent body scrutinising these vital decisions and ensuring that they were the right ones.

This is a list of 5 demands. It could so easily have been many more – such are the problems with our current criminal justice system. We know one thing, however – women and girls deserve far better. Rape and sexual assault is #NeverHerFault.

 

Microsoft Word - Community Resolutions Incorporating RJ_Final_Aug 2012 (college.police.uk)

Violent offences 'dealt with informally' by police forces - Local News Partnerships (bbc.com)

Victims furious as police forces let off 870 sex offenders after they say sorry - Mirror Online

Possible justice outcomes following investigation | College of Policing

Police Professional | Rape conviction in ‘victimless’ prosecution

Key facts about how the CPS prosecutes allegations of rape | The Crown Prosecution Service

CPS accused of betraying rape victims as prosecutions hit record low | Crown Prosecution Service | The Guardian

Why do so few rape cases go to court? - BBC News

Rape Strategy update | The Crown Prosecution Service (cps.gov.uk)

Rape and Serious Sexual Offences (RASSO) 2025 | The Crown Prosecution Service (cps.gov.uk)

CWJ Manifesto — Centre for Women's Justice (centreforwomensjustice.org.uk)

A-guide-to-the-victims-right-to-review-scheme.pdf (rightsofwomen.org.uk)

Victims' Right to Review Scheme | The Crown Prosecution Service (cps.gov.uk)