Court backlog: ‘The constant delays just added to the trauma’

Content warning: sexual assault

Waiting more than a year for her trial to come to court left one survivor of rape reliving her worst experiences again and again.

“Every time I got the call to say my trial had been delayed again, it was devastating,” she says. “The constant delays just added to the trauma, pulling me back into a state of fear and making a difficult experience even worse.”

And she’s not alone. This is the reality for too many women who have faced serious sexual violence in today’s justice system. As of March 2024, sexual offence cases awaiting trial have reached a record 10,141 – up 21% from the previous year and a staggering 196% increase since 2019. But 10,141 cases in the backlog is more than a shocking statistic – it represents over 10,000 victims and survivors being failed by a broken system.

On average it takes more than a year for charges of rape to be served, and then, on average, nearly a year for cases to reach a hearing, leaving women facing long stretches of uncertainty, repeated postponements and a continuing ordeal.

The growing backlog is taking a devastating toll, with 40% more rape survivors abandoning their cases in the first six months of this year than in the first half of 2023. This builds on an already dire situation, with the abandonment rate reaching a staggering 70% in 2022. For many, the endless delays and repeated setbacks become unbearable, forcing them to walk away from the justice they deserve.

But the chaos doesn’t end there. This logjam is causing harm to everyone in the criminal justice system who has suffered a serious crime and is waiting for their trial. 

That’s why we’ve taken the first step in legal action to challenge the backlog in the courts. With delays already stretching for years, people impacted by these terrible crimes are bearing the brunt. 

If the government is committed to halving violence against women and girls within the decade, then it has to act now. We’re asking what is being done to fix this shambles, and for details of recent decisions about court scheduling that are making this situation even worse. 

According to Rheian Davies, legal director at Good Law Project, these delays are “adding to the enormous burden of trauma that women who have survived rape and sexual assault have to carry”.

“It’s time for Shabana Mahmood to get a grip on this appalling situation.” Davies said. “We need facts and figures so everyone can understand what’s going on. And we stand ready to take legal action if she doesn’t step up.”

More and more women are losing faith in a system that is meant to protect us all. It’s time to remove blockages in the criminal justice system so that justice is no longer denied through delay.