Do sexual offences often go unreported to the police and rarely result in a guilty verdict in the courts?

By Stella Lee – 1st Year Undergraduate Student – Sociology

Introduction

“Sexual offences are often hidden crimes that are not always reported to the police” (Office for National Statistics, 2023a, p. 2). The United Kingdom’s (U.K.) Sexual Offences Act 2003 defines crimes such as rape, assault or non-consensual sexual activity as sexual offences. A person convicted of rape or assault by penetration can face a life sentence, whereas someone found guilty of sexual assault can be imprisoned for up to 10 years (Sexual Offences Act 2003). The Head of the Public Prosecution Service’s Serious Crime Unit described sexual offences as “amongst the most complex to investigate and prosecute” (Kierans, 2024, cited in Police Service of Northern Ireland, 2024, para. 13). They elaborated that misconceptions and stereotypes about sexual offences and the complexity of dealing with the survivor’s trauma are factors.

This essay will argue that sexual offences often go unreported to the police and rarely result in a guilty verdict in the courts of England and Wales. It will examine the sexual offence reporting rates and conviction rates while deducing why it is lower than ideal and how this can be addressed. While it is more common in criminology to refer to one as a ‘victim’ of a sexual offence, this essay will mostly refer to them as a ‘survivor’ to empower those who have gone through the crime and highlight their resilience.

Reporting Rates in England and Wales

The Office for National Statistics (2021) reported that only 16% of sexual assault by rape or penetration survivors in England and Wales report it to the police. This is far lower than the reporting rate for all crimes, which is 40% (Office for National Statistics, n.d.). For ‘why they did not report’, they provided reasons such as embarrassment, not thinking the police could help, or thinking “the police would not believe them” (Office for National Statistics, 2021, p. 14). This suggests there is a culture of victim blaming and a lack of trust within the police (Gekoski et al., 2023). These concerns were confirmed through interviews with “police officers from a large English police force” (Gekoski et al., 2023, p. 3) which found that most of them believed rape myths: false accusations being prevalent or the survivor’s clothing being relevant to the crime.

 There is “no evidence to suggest rape is falsely reported more than other crimes” (McMillan, 2018, para. 1) and only 3% of rape accusations in Kelly, Lovett and Regan’s (2005) analysis were false. Rape myths, such as blaming survivors based on the colour of their clothing, should not be perpetuated by police because clothing is not indicative of consent and therefore irrelevant (Brown, Burnett and Boykin, 2022; Lennon, Lennon and Johnson, 1993). Not only do the police not trust people, but people also lack trust in the police (YouGov, 2024). This is especially true after the murder of Sarah Everard by Metropolitan Police officer Wayne Couzens.

The Abduction, Rape and Murder of Sarah Everard

The 2021 murder of Sarah Everard by serving Metropolitan Police officer Wayne Couzens significantly eroded public trust in law enforcement, especially in London (Pickering et al., 2024). The case revealed systemic failures in vetting and internal reporting mechanisms, given Couzens’ previous allegations of sexual misconduct (Angiolini, 2024). It also enforced positive changes in England and Wales: the appointment of a National Police Lead for Violence Against Women and Girls (‘VAWG’) or dismissing an officer being made easier (Meyrick et al., 2024; National Police Chief’s Council, 2021; Syal, 2023). An inquiry by Angiolini (2024) also revealed that he was inappropriately appointed to be a police officer in the first place; he was in debt when he was first employed, which was against the rules.

Almost four years after Sarah Everard’s abduction, 40% of British adults are confident in the police (YouGov, 2024). This is a 13% drop compared to before Sarah Everard’s case, which implies that the credibility lost has not been restored and may be contributing to the low rate of reporting for crimes such as sexual offences. Research by Pickering et al. (2024) shows that low trust in the police is especially true for women after the rape and murder of Sarah Everard. This is worth noting because there are 16 times more female sexual offence survivors than males (Office for National Statistics, 2021). This erosion of trust aligns with Tyler’s (1990) theory of procedural justice, which posits that institutional legitimacy is compromised when public authorities fail to demonstrate fairness, accountability, and transparency. It is important that the police in England and Wales redeem themselves to regain the public’s trust.

Suggestions to Improve Reporting Rates

The police could implement practices such as holding mandatory and regular training sessions delivered by VAWG experts for all officers. While it is true that the Labour Party have already proposed this pre-election, “it is up to individual forces and police and crime commissioners what level of training officers get” (Dodd, 2024, para. 4). This should not be the case as the shadow home secretary said, “mandatory national standards so that all forces are following best practice” (Cooper, 2024, cited in Dodd, 2024, para. 12) are necessary. While the College of Policing offers online and offline voluntary training, these should be compulsory and delivered in person (Dodd, 2024). In-person training is generally more effective for building empathy and understanding in sensitive contexts (Li, Zhang, and Wang, 2021). The Labour Party also proposed that training be held in person, “believing it to be more effective” (Dodd, 2024, para. 9). Police culture also needs overall reform. This is especially true for the unspoken “code of silence” that discourages officers from reporting other officers’ illegal activities (Heck, 1992, p. 253).

This is evidenced in a study which identified “that strong bonds with peers increased the odds that officers would be non-whistleblowers” (Tankebe and Fulzele, 2024, p. 2140). The police should announce a nationwide whistleblowing campaign where officers are encouraged to come forward and report colleagues who are complicit in VAWG and other malpractice. An example would be Wayne Couzens and six other officers being in a WhatsApp group that shared inappropriate messages such as improper comments concerning victims of domestic abuse (Independent Office for Police Conduct, 2023). If any of their colleagues who knew about the group chat reported it, the officers would have been imprisoned or dismissed before Wayne Couzens could become a kidnapper, rapist and murderer. The whistleblowing process should be introduced to an officer at the beginning of their employment with further regular reminders by senior officers. Confidentiality should be emphasised and strictly enforced. While Wayne Couzen’s victim Sarah Everard may not have been a student, students are indeed more likely to be “victims of sexual assault … than those in any other occupation” (Office for National Statistics, 2023b, p. 2).

Three in four university students in the U.K. responded in a survey on sexual offences that they have “had an unwanted sexual experience” (National Union of Students, 2019, p. 4), but only 7% reported it to the police. This is far lower than the national average of 16% and suggests further work should be done specifically in universities to tackle victim blaming and encourage reporting (Office for National Statistics, 2021). Students responded thinking it was not “serious enough” or “problematic” while some “did not know who to tell” (National Union of Students, 2019, p. 8). They have also responded that a lack of firmness on the university’s “position on sexual harassment was … a common barrier to reporting” (National Union of Students, 2019, p. 8).

University students and their lack of experience with alcohol and sex puts them at a higher risk of exposure to sexual offences (National Institute on Alcohol Abuse and Alcoholism, 2002). There is an urgent need for clearer signposting and frequent reminders of the seriousness of sexual offences on campus. Not only are reporting rates for sexual offences low in England and Wales, but conviction rates are also lower than ideal (GOV.UK, 2024a).

Conviction Rates in England and Wales

The Victims’ Commissioner for England and Wales described reporting rape as “effectively a lottery” with the odds “rarely in your favour” (Baird, 2022, para. 2). That is because only 6% of adult rape cases are eventually charged (GOV.UK, 2024b). If one’s case was part of the 6%, they likely have waited almost a year to see their offender charged; only two in a hundred investigations are charged in the same time period as the crime (GOV.UK, 2024a; GOV.UK, 2024b). It would then require another four months on average for the Crown Prosecution Service to authorise the charge and an extra year for the case to be completed at the Crown Court (GOV.UK, 2024a). Because of this lengthy process, survivors have described it as “more traumatic than the actual rape”(Baird, 2022, para. 1) because of factors such as having to constantly revisit the incident.

The average custodial sentence length for sexual offences is 5 years, while the average fine is £393 (Ministry of Justice, 2024). Most believe these sentences are too light for the crime, as evidenced in Felizer’s (2007, cited in McNaughton Nicholls et al., 2012) study, where 67% of participants thought the sentences did not reflect the public’s view. Survivors have also reported feeling the sentences were not long enough and that “longer sentences should be given for these offences to accurately reflect the harm” (McNaughton Nicholls et al., 2012, p. 4).

One survivor provided that they felt as if seeking justice was not worth the time because they “have struggled for a longer amount of time” (McNaughton Nicholls et al., 2012, p. 23) than the sentence the offender received. The low conviction rate and sentences themselves may discourage survivors from proceeding with their trial, which ultimately further lowers the conviction rate. 60% of adult rape investigations in 2023/24 were closed because survivors did not support police action; this is a stark increase from 25% in 2015/16 (GOV.UK, 2024a; Molina and Poppleton, 2020). Those in the police, Crown Prosecution Service and Crown Court must improve their approach to prevent survivors from dropping out of the process and causing investigations to close prematurely.

Suggestions to Prevent Victim Withdrawal

Many have described the investigation process as re-traumatising, and the length of it may be influencing the survivor’s decision to continue with the trial (Widanaralalage et al., 2024). As previously highlighted, it takes over two years on average to see an adult rape case completed in court (GOV.UK, 2024a). This contrasts with how long it takes for all crimes on average: less than a year (GOV.UK, 2024a). This wait can be reduced by streamlining the investigation process, making the process “simpler, more effective and/or more productive” (Molin and Åge, 2017, p. 197). The Crown Prosecution Service and police forces could recruit additional staff specialising in sexual offence investigations to speed up the investigation, as the police are currently understaffed (Warren, 2024).

Survivors should also have access to immediate and free emotional support for at least the duration of the investigation process to benefit their mental health (National Health Service, 2022). While it is true that free support is available, mainly through voluntary charities, survivors have reported having to wait over two years for services such as psychotherapy and legal aid (GOV.UK, n.d.; Smith, 2023). Rape Crisis, a centre that helps sexual offence survivors access legal assistance in England and Wales, highlighted that 14,000 people were waiting to access their service (Butler, 2023, cited in Smith, 2023).

The prolonged lack of professional support may exacerbate psychological trauma in survivors, contributing to an increased risk of depression or suicide (Marks, 2023, cited in Smith, 2023). The state should provide more statutory support rather than relying on voluntary organisations that are understaffed and overworked, implied by the long wait. This is expected to improve now that the Victims and Prisoners Act 2024, which “aims to improve the support and guidance offered to victims of crime” (UK Parliament, 2024, para. 2),has become law. Further research is necessary in this area to confirm whether the legislation did make it easier for survivors to access services promptly.

Conclusion

This essay explored the definition and maximum sentences for some sexual offences in the U.K. It argued that sexual offences are under-reported to the police in England and Wales, with the abduction, rape and murder of Sarah Everard serving as a pivotal moment that further deteriorated the public’s trust in the police.

The essay proposed measures to increase reporting rates, including mandatory training for the police and clearer signposting around university campuses. Additionally, it examined the low conviction rates for sexual offences, arguing that this is because of the lengthy and traumatic prosecution process. To address this, the essay suggested streamlining the investigation process and providing immediate, free emotional support for survivors. Finally, it underscored the importance of further research after implementing the Victims and Prisoners Act 2024 to ensure that it has helped survivors receive timely support.

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