Rape victims will have access to dedicated legal advice throughout the criminal justice process in a new independent legal adviser (ILA) service launched by the government.
The ILA service will be launched later this year as part of Operation Soteria, an initiative launched in 2021 to place the suspect’s behaviour at the centre of cases reported to police, instead of focusing on the victim.
The government says it will now build on those reforms by ensuring the same approach is reflected when cases reach court.
David Lammy, the deputy prime minister, has commissioned academic Professor Katrin Hohl to examine where courtroom practice can still place disproportionate scrutiny on victims and recommend improvements in training, guidance and best practice so that trials focus on the behaviour of the suspect.
The new ILA service, backed by initial funding of £6 million over two years, will provide rape victims with specialist legal advice throughout investigations and prosecutions.
ILAs will help victims understand their rights and challenge unnecessary requests for personal information such as counselling records, medical history or mobile phone data.
“For too long victims of rape have faced not only the trauma of the crime but the trauma of a justice process that can feel like it is judging them instead of pursuing the perpetrator,” Lammy said.
“Operation Soteria has already changed how rape cases are investigated by putting the focus where it belongs – on the suspect. By introducing independent legal advisers and expanding the principles of Operation Soteria into the courtroom, we are making sure victims have both the protection and support they deserve throughout the justice process.”
Victims commissioner Claire Waxman welcomed the announcement and said the ILAs will be crucial in protecting rape victims.
“I first called for this reform in my London Rape Review in 2019 because I knew how critical it was for rape victims to understand their rights to privacy and to be properly safeguarded throughout the justice process,” Waxman said.
“The independent legal adviser service is crucial to challenge overly intrusive requests for personal material and ensure these requests are necessary and proportionate. It is promising to finally see this commitment being delivered.
“I also strongly welcome the expansion of Operation Soteria into the courtroom. We all know that the court experience can be daunting and often distressing for rape victims. Ensuring that trials remain focused on the suspect’s actions, rather than the intrusive scrutiny of the survivor, is a vital step forward.
“We must stop asking the impossible of victims and start delivering a system in which they can place their trust – one that works well in practice, not just in theory. My hope is we can begin that work today.”
However, Katie Wheatley, head of financial crime and high net worth defence at Bindmans, says the role of the ILA isn’t clear.
“The current main area of contention in rape cases is whether the complainant consented and whether the person accused had reasonable belief in consent,” she explained.
“Both aspects must be proved beyond reasonable doubt. Two people may have rather different perspectives on what happened and the issue of consent, and in such cases it will be important to establish all the surrounding circumstances which may include review of digital material such as messages between complainant and accused or comments made by either of them to other people after the events in question.
“Whether such material should be obtained will be governed by the law and code of practise relating to disclosure. If the material is relevant then it ought to be obtained, reviewed and if appropriate disclosed, and in contentious cases a judge will need to determine if something must be disclosed.
“It is not clear what ILAs can add to this process.
“All those giving evidence in criminal proceedings ought to be assisted to understand the processes and any measures available to assist them to feel comfortable so that they can give the best evidence, However ILAs will need to be very careful that they do not cross over into coaching witnesses as this is unlawful and can fundamentally undermine the proceedings.
“Solicitors and barristers have professional obligations to the court as well as their clients. It is not clear what qualifications ILAs will be expected to have or how the ILAs will be recruited trained or regulated. It will be vital for these issues to be addressed before the service is launched.”
