SENIOR crown prosecutor and Cheshire area rape co-ordinator Jane Large has been a rape prosecutor for nearly 25 years, she speaks to the Warrington Guardian about the role of the CPS in rape prosecutions.

What is a specialist rape prosecutor?

“Cheshire has 12 rape specialists – four in each of Warrington, Crewe and Chester.

To become a specialist rape prosecutor lawyers must meet a number of standards including enhanced training in the Sexual Offences Act 2003, in special measures, dealing with vulnerable and intimidated witnesses, domestic violence, and communicating with victims and witnesses to keep them fully informed along the process.

“The specialists have recently received rape and serious sexual offences training to teach prosecutors how to look for lines of inquiry, assess evidence and build strong cases.

“They must also have substantial experience in cases of rape and serious sexual assault and have attended at least one rape trial to better understand how a case is dealt with in court and any impact on the victim.”

What is your role?

“As area rape co-ordinator I monitor a minimum of 12 cases per quarter in the county of a cross-section of outcomes to look at continually improving practice and report back to the chief crown prosecutor in Cheshire and CPS headquarters in London.

“It’s about learning from previous cases and seeing if we can improve. If a case is acquitted counsel is required to submit a written report of his or her views for the reasons of the acquittal – could we have done anything more, or was it a jury verdict?”

On what basis does the CPS decide there is enough evidence to prosecute?

“Rape is one of the most difficult crimes to investigate and prosecute because the majority of rapes occur in private. Stranger rape is an exception but they are quite often between people who are acquaintances and the prosecution rightly bears the burden of proof beyond all reasonable doubt.

“We are often required to prove our case when it is one person’s word against another and it can be difficult but that doesn’t mean that we don’t keep trying to build the best cases we can.

“The CPS has a two-code test – whether there is sufficient evidence and is it in the public interest?

“But it is about collecting that evidence and if you can get that early, there is quite often going to be a number of lines of inquiry.

“We would look, for example, at medical evidence, forensic evidence, DNA, CCTV and even phone analysis records.

“We can also use evidential provisions such as bad character of any potential suspect and hearsay evidence, such as if a victim has told her best friend, we can apply to admit that in court as evidence.”

What is the most important evidence?

“Forensic and medical evidence can be extremely important. It doesn’t mean a case can’t proceed without it but where available, if it’s collected properly and if we get good expert statements from the force medical examiners, then we can have very conclusive evidence.

“If a victim is examined very soon after a rape has taken place, nine times out of 10 there are no injuries.

“A 2007 inspectorate report recommended forensic scientists and doctors become main players within the prosecution team to inform juries where no injuries are documented does not mean a rape did not occur.

“We are calling on the doctors and medics to explain that to the jury rather than having one line in a statement saying there were no injuries.”

What can be done to improve conviction rates?

“You can’t specify how rape convictions can be improved or what evidence we need to improve them because it is a very complex subject with many contributory factors including myths, stereotypes and societal perceptions of how women ought to behave.

“I can only emphasise the steps we are making in terms of our policies, our good practice, case monitoring and working closely with the police to build strong cases.”

How does the prosecution build a case?

“Full and early consultation with police is also important for experienced officers and prosecutors can look at ways to direct the investigation.

“We spell out lines of inquiry we think are relevant. Specialist prosecutors also have a checklist and we will ask the police to go out and get that evidence. We are proactive in identifying and, at times, rectifying evidential deficiencies.

“Sometimes that will mean bringing to an early conclusion cases where there is no realistic prospect of conviction. Other times it means officers going away with a very large action plan and then we will come back and review it.”

What happens when the CPS decides there is insufficient evidence to proceed with a case or wish to reduce a charge?

“Victims will be notified in writing within 24 hours and offered a meeting to explain that decision.

“When a rape specialist decides not to proceed a second opinion from another rape specialist will be taken to look at every line of inquiry and make sure nothing is missed.

“Similarly, we will get a second opinion when it goes to court and maybe on the counsel’s advice if we think we should be looking at an alternative or lesser charge or not continuing with the proceedings.

What is the toughest type of rape case to prosecute?

“Rapes can be very difficult and upsetting for everybody involved. I have dealt with some really nasty cases but the impact on the victim is the same.

“Rape is one of the worst crimes out there and one of the most serious on the statute book.

“We need to treat complainants with dignity and we need to prosecute robustly and that is what all our policies and practices are there to do.”

How is evidence presented at court?

“As prosecutors you do your best to ensure you are presenting the best possible case.

“Video evidence of the victim’s interview is admissible unless there is something about the video that would need it to be substantially edited, it’s prejudicial or it’s not the best interview and then we would have to consider what is the best way of presenting that person’s evidence.

“This could mean giving live evidence via TV link or behind screens.”

Have you any message to victims who have not yet reported a rape?

“The prosecution team: CPS, counsel and the police are there to try to put together strong cases and victims will be treated compassionately.

“Don’t be afraid of the criminal justice system and know there are people within it who are dedicated to putting these cases before the court and assisting the victims through the process.”